LIBRARY OF CONGRESS, 

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IU& 

UNITED STATES OF AMERICA. 



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http://www.archive.org/details/gamelawsofstateo01dana 



THE 



O-J^l&tt L.A.'W 



OF THE 



State of New York, 



Revised to July, 1886. 



PUBLISHED UNDER THE AUSPICES OF 



The Anglers' Association of St. Lawrence River, 



AND 



The Eastern New York Fish and Game Pro- 
tective Association. 



COMPILED BY 

FRANKLIN M. DANAHER, 

COUNSELOR- AT-LAW, 
ALBANY, N. Y. 



JG 20 1,886 




W. W. BYINGTON, 

ALBANY, N. Y. 



IS 



COPYRIGHTED by W. W. BY1XGTON, 
Albany, N. Y., 1886. 



Eiggs Printing House, 

Printing, Binding and Stereotyping, 

461 Broadway, Albany, N. Y. 



OFFICERS AND MEMBERS 



Tie Anglers' Association of 1 St. Lawrence River. 

Incorporated February 27, 1884. 



OFFICERS : 

President, 

JOHN J. FLANAGAN, Utica, N. Y. 

Vice-President, 

CHARLES G. EMERY, New York City. 

Second Vice-President, 

G. M. SKINNER, Clayton, N. Y. 

Secretary, 

W. VV. BYINGTON, Albany, N. Y. 

Treasurer, 

WILLIAM STORY, Albany, N. Y. 

Counsel, 

F. M. DANAHER, Albany, N. Y. 



EXECUTIVE COMMITTEE 



John H. Quinby, Albany, N. Y. 

E. H. Britten, Kingston, Ont. 

J. H. Brownlow, Ogdensburg, 1ST. Y. 
William J. Cassard, New York city. 
H. S. Chandler, New York city. 

Fred. E. Comstock, Rome, N. Y. 

Geo. L. Crandall, Binghamton, N. Y. 
W. G. Deshler, Columbus, O. 

James Eaton, Utica, N. Y. 

James C. Greenman, Utica, N. Y. 



George Hall, Ogdensburg, N. Y. 

William C. Harris, New York city. 
H. E. Morse, Clayton, N. Y. 

A. R. L. Norton, New York city. 

James T. Story, Albany, N. Y. 

W. H. Thompson, Alexandria Bay, N. Y. 
H. H. Warner, Rochester, N. Y. 

Dr. George Whedon, Syracuse, N. Y. 
A. D. Williams, New York city. 



HO NO BAR Y MEMBERS: 



Hon. Grover Cleveland, Washington. 
Hon. David B. Hill, Albany, N. Y. 
A. N. Cheney, Glens Falls, N. Y. 

Dr. J. A. Henshall, Cynthiana, N. Y. 



Hon. H. E. Morse, 
Frank P. Taylor, 
Hon. A. W. McLean, 
Hon. John Tilton, 



Clayton, N. Y 
New York city. 

Ottawa, Ont. 

Ottawa, Ont. 



Officers and Members of the Anglers' 



The State Game and Fish Protectors are also 
Members, ex-officio, as follows : 

William X. Steele Clayton, Jefferson 

Seymour C. Armstrong Weavertown, Warren 

Thomas Bradley Rockwood, Fulton 

George W. Whitaker Southampton, Suffolk 

Francis Wood Schoharie, Schoharie 

J. H. Wood, Jr King's Bridge, Westchester 

Stephen A. Roberts Buffalo, Erie 

William H. Lindley Canastota, Madison 

Aaron M. Parish Reading, Schuyler 

Nathan C. Phelps Remsen, Oneida 

Peter R. Leonard Ogdensburg, St. Lawrence 

John Liberty Elizabethtown, Essex 

Matthew Kennedy Hudson, Columbia 

George M. Schwartz Rochester, Monroe 

John N. Brinkerhoff Booneville, Oneida 

Fred. P. Drew Washington Mills, Oneida 



Honorary 



county, 


K 


Y- 


county. 


N. 


Y. 


county, 


N. 


Y. 


count}', 


X. 


Y 


county, 


N. 


Y. 


count}-, 


X. 


Y 


county. 


N. 


Y 


county, 


N. 


Y 


county, 


N. 


Y 


county, 


N. 


Y 


county, 


N. 


Y 


county, 


X. 


Y 


county, 


X. 


Y 


county, 


N. 


Y 


county, 


N. 


Y 


county, 


X. 


Y 



MEMBERS OF THE ANGLERS' ASSOCIATION OF 
THE ST LA WRENCE RIVER. 



D. C. Bennett, 
W. W. Byington, 
J. Ballard Carroll, 
F. M. Danaher, 

E. C. Fitzsimons, 
Jacob S. Friedman, 
Charles C. Gay, 
Eugene P. Gross, 
William Headlam, Jr., 

A. C. Hinckel, 
John T. Johnson, 
Fred L. Mix, 

H. Murrell, 
T. O 'Byrne, 
John Henry Quinby, 

B. F. Reese, 

J. Livingston Reese, 
John Rice, 
W. H. Russell, 
H. E. Sickels, 
William Story, 
James T. Story, 
R. R. Story, 
Charles B. Tillinghast, 
A. C. Van Gaasbeek, 
Ignatius Wiley, 



Albany, N. Y. E. K. Hart, Albion, X. Y. 

W. L. Porter, Adirondack, N. Y. 

A. ('. Cornwall, Alexandria Bay, N. Y. 
C. Crossman, " 

('. W. Crossman, " 

Walter Fox, 

William Yisger, " 

J. F. Walton, 

Henry Deryaw, " 

Lodewick Edgerly, ' ' 

Sidney Patterson, " 

Gideon Sheppard, " 

Daniel Storms, 
William Powe, 
G. L. Crandajl, 
H. A. Smith, 
A. F. Upton, 
Beverly Jones, 
Henry R. Heath, 
X. W. Hunt, 
R. P. Lee, 
John W. Bush 
A. J. Wright, 
A. Wakeman, 
F. L. Bones, 
A. E. Clark, 



Ansonia, Conn. 

Binghamton, X. Y. 
<< 

Boston, Mass. 
Brockville, Ont. 
Brooklyn, K Y. 



Buffalo, N. Y. 

Cape Vincent, N. Y. 

Carthage, X. Y. 

Chicago, 111. 



Association of the St. Lawrence River. 



Charles T. Howe, Chicago, 111. 

Col. L. M. Dayton, Cincinnati, O. 

F. G. Ringgold, 
J. M. Curtiss, Cleveland, 0. 

F. H. Rockwell, Clarendon, Pa. 
H. S. Barker. Clayton, N. Y. 
William Consaul, 

George L. Davis, 

Charles A. Ellis, 

John Foley, " 

S. B. Grinnell, 

Patrick K. Hayes, 

M. B. Hill, 

James T. Hubbard, 

S. D. Johnston, 

Seeber McCarn, 

G. M. Skinner, 
W. Niles Smith, 

John Swart, " 

William Wilson, " 

W. G. Deshler, Columbus, 0. 

Wm. B. Hayden, " 

Edward Keator, Cortland, N. Y. 

J. C. Alguire, Cornwall, Ont. 

George H. Weagant, " 

Otis E. Young, Elyria, O. 

O. Yonng, " 

Adrien C. de Henzel, Hartford, Conn. 

H. A. Redfleld, 

H. R. Clarke, Jersey City, N. J. 

A. J. Post, " 

C. E. Best, Jordan, N. Y. 

Jean R. Stebbins, Little Falls, N. Y. 

R. S.Whitman, 

Walter J. Ransom, Lockport, N. Y. 

Wm. G. Lloyd, Millen's Bay, N. Y. 

Thomas W. Griffith, Newark, N. J. 

E. Anthony, New York city. 

William J. Cassard, " 

H. S. Chandler, 

G. de Cordova, " 

Royal E. Dean, " 

H. E. De Rivas, 

E. W. Dewey, 

Samuel Ehrich, " 

Charles G. Emery, " 

Frank W. Emery, " 

Wm. P. Esterbrook, " 

J. S. Farlee, * 

W. J. Florence, 



Roswell P. Flower, New York city. 
William Frisbie, " 

Fred. G. Gedney, 
Charles C. Goffe, 
John B. Hamilton, " 

William C. Harris, " 

George S. Hasbrouck, " 

John L. Hasbrouck, " 

P. W. Hasbrouck, 
Jacob Hays, " 

C. I. Hudson, 
W. A. Hull, 

Charles F. Imrie, " 

Edward King, " 

Frank F. Knapp, " 

R. H. Lane, 
John D. Little, 

Francis T. Luqueer, Jr., " 
R. G. McCord, 

Arthur L. Merriman, " 

T. B. Mills, 
W. S. Neilson, 

George W. Nicholas, " 

W. T. Niswanger, 
A. R. L. Norton, 
James H. Oliphant, " 

John H. Reed, " 

| George H. Robinson, 
Theodore Scott, 
William T. Shedd, 
R. H. Smith, 
Solon B. Smith, 
James C. Spencer, " 

Henry Stadler, " 

Wm. Rhinelander Stewart, " 
Charles Strauss, " 

Thomas Tileston, " 

H. H. Thompson, 
G. W. Thorn, 
H. Van Wagenen, 
John P. Windolph, 
Arthur D. Williams, " 

H. M. Williams, 
Charles T. Wing, 
Christopher Wolfe, 
Daniel D. Wylie, 

J. H. Brownlow, Ogdensburg, N. Y. 
Wm. M. Buell, " 

George Hall, " 

L. D. Hoard, 



6 



Members of the Anglers' Association. 



A. A. Gaddis, Ogdensburg, N. Y. 

Charles G. Davis, Oil City, Pa. 

Solomon Mayer, ' ' 

E. B. Warren, Philadelphia, Pa. 

W. J. Lewis, Pittsburgh, Pa. 

E. A. Myers, " 
Wm. Ross Proctor, " 
James S. Nason, Plainfield, N. J. 
L. G. Dodge, Poughkeepsie, N. Y. 
H. H. Warner, Rochester, N. Y. 

F. E. Armstrong, Rome, N. Y. 
F. E. Comstock, 

John B. McHarg, 
Joseph I. Sayles, 

E. Stuart William, " 
Clarence E. Williams, 

R. H. Southgate, Saratoga Sp'gs, N.Y. 
Franklin Brandeth, Sing Sing, N. Y. 
Benjamin Moore, 

J. N. Babcock, Syracuse, N. Y. 

P. B. Bray ton, 

F. E. Carroll, 

J. Henry Danziger, 

Harrison Hoyt, 

Conrad Loos, " 

E. R. Plumb, 

Daniel Pratt, " 

Irving G. Vann, 



G. D. Whedon, Syracuse, N. Y. 

H. C. Albright, * Utica, N. Y. 

A. D. Barber, 

Charles H. Ballou, 

John Brandagee, " 

Theodore Butterfield, 

William P. Carpenter, 

J. N. Cloyes, '' 

Daniel N. Crouse, " 

David A. Dischler, " 

F. D. Divine, " 
James Eaton, " 
James H. England, 

John J. Flanagan, 
Charles K. Grannis, " 

J. C. Greenman, " 

Robert Middleton, " 

D. W. Northrup, 

Merritt Peckham, " 

Fred. J. Pratt, 
Thomas R. Proctor, 
William P. Shepard, 
H. O. R. Tucker, 

E. A. Van Home, " 

O. G. Staples, Washington. D. C. 

G. R. Hanford, Watertown, N. Y. 
E. L. Sargent, " 

Joseph Ackroyd, Yorkville, N. Y. 



OFFICERS AND MEMBERS 

— OF — 

Tie Eastern New York Fisl ana Game Protective Association. 

Incorporated January 14, 1886. 



OFFICERS: 

President, 

Dr. Samuel B. WARD, Albany, N. Y. 

First Vice-President, 

A. N. CHENEY, Glens Falls, N. Y. 

Second Vice-President, 

Gen. JOHN F. RATH BONE, Albany, N. Y. 

Secretary, 

W. W. BYINGTON, Albany, N. Y. 

Treasurer, 

J. H. QUINBY, Albany, N. Y. 

Counsel, 

F. M. DANAHER, Albany, N. Y. 



EXECUTIVE COMMITTEE: 



W. W. Hill, 
James H. Manning, 



Albany, N. Y. i Gen. Rob't Lenox Banks, Albany,N. Y. 
Albany, IS. Y. I James Ten Eyck, Albany, N. Y. 



MEMBERS OF THE EASTERN NEW YORK FISH 
AND GAME PROTECTIVE ASSOCIATION. 



C. E. Argersinger, 
Thomas Austin, 
B. F. Bacheller, 
Lewis Balch, 
Dayton Ball, 
Robert Lenox Banks, 
Robert Lenox Banks, Jr., 
Willard. Bellows, 
Herman Bendell, 
A. V. Benson, 
W. F. Beutler, 



Albany, N. Y. 



R. C. Blackall, 
A. Fred Brown, 
W. Howard Brown, 
A. C. Burt, 
C. H. Burton, 
William H. Burton, 
Charles S. Byington, 
W. W. Byington, 
John D. Capron, 
John Clarke, 
George C. Cook, 



Albany, N. Y. 



Members of the Eastern New York Fish 



Thomas C. Cooper, Albany, N. Y. 

W. W. Cooper, 

Erastus Corning, 

Erasure Corning, Jr., 

George B. Coughtry, 

Charles G. Craft, " 

H. C. Cushman, " 

F. M. Danaher, " 

William Dey Ermand, " 

Stephen Fairchild, " 

John H. Farrell, " 

John F. Fraser, ' ' 

Henry Fuss, ' ' 

Charles C. Gay, " 

Robert Geer, " 

Robert W. Gibson, " 

William D. Goold, 

F. E. Griswold, 

James H. Gross, " 

William Hailes, Jr., 

E. R. Hartt, 

William Headlam, Jr., 

W. W. Hill, 

Charles B. Holt, 

Jasper K. Hotaling, " 

Lansing Hotaling, " 

E. Huested, " 

W. H. Johnson, " 

Charles E. Jones, ' ' 

John Keeler, " 

William H. Keeler, " 

Henry Kelly, " 

Michael Langan, " 

George Lansing, ' ' 

Ralph P. Lathrop, " 

James Lawrence, " 

J. M. Lawson, " 

E. Leary, " 
J. S. Ludington, " 
P. M. Luff man, 

James Lyons, " 

James H. Manning, " 

Archibald McClure, " 

William H. McClure, 

F. J. McGaughan, 

Henry Mayell, " 

George R. Meneely, " 

William Menk, 
August Miggael, 
Peyton F. Miller, 



John G. Myers, 
John C. Kott, 
Dudley Olcott, 
W. G. Paddock, 
A. P. Palmer, 
E. DeL. Palmer, 
Amasa J. Parker, Jr., 
H. Patterson, 
John H. Quinby, 
John F. Rathbone, 
Fred W. Ritlgeway, 
W. H. Roberson, 
George W. Robinson, 
Wdliam C. Rose, 
S. W. Rosendale, 
William P. Rudd, 
William T. Rudd, 
Herman H. Russ, 
Henry Russell, 
D. Ryan, 
Ira B. Sampson, 
Louis Sautter, 
William Sayles, 
Michael Schrodt, 
Louis Schupp, 
John E. Sherwood, 
A. McD. Shoemaker, 
H. E. Sickels, 
Henry W. Silsby, 
Henry L. Smith, 
Stuart G. Spier, 
James Stephens, 
A. P. Stevens, 
M. W. Stickney, 
James T. Story, 
Edwy L. Taylor, 
Joseph E. Taylor, 
James Ten Eyck, 
Lemon Thomson, 
George H. Treadwell, 
A. Van Allen, 
G. A. Van Allen, 
John H. Van Antwerp, 
Henry Van Heosen, 
S. D. Van Natta, 
J. L. Van Valkenburgh, 
G. D. Van Vliet, 
M. E. Viele, 
R. A. AVallace, 
William A. Wallace, 



Albany, N. Y. 



and Game Protective Association. 



9 



Samuel B. Ward, Albany, N. Y. 

William J. Weaver, 

Willard Welch, 

C. P. Williams, 

W. H. Williams, 

George P. Wilson, 

William R, Winchell, 

H. L. Whitbeck, 

W. M. Whitney, Jr., 

John Woodward, 

Ed. B. Wooster, 

Edward F. Wright, 

Frank P. Wright, 

H. R. Wright, 

George W. Yerks, 

V. H. Youngman, 

L A. Howell, Averill Park, N. Y. 

Hezekiah S. Eckler, Catskill, N. Y. 

G. E. Vincent, " 

Chas. R. Hitchcock, Coeymans, N. Y. 

Henry A. Strong, Cohoes, N. Y. 

Fred Mather, Cold Spring Harbor,N. Y. 

Gersh Banker. Fonda, N. Y. 



A. N. Cheney, Glens Falls, N. Y. 

Wm. D. Cleveland, Houston, Texas. 
Hiram E. Freelan, Hartwick, N. Y. 
Robert E. Geowey, " 

Wm. C. Harrington, " 

Fred R. Wood, 

Watts T. Loomis, Little Falls, N. Y. 
H. A. Skinner, ■' 

George W. Witbeck, Nassau, N. Y. 
Wm. G. Cassard, New York city. 

Edmund P. Mastin, " 

Edward B. Mead, 

C. H. Wilson, Salem, N. Y. 
L. B. Pike, Saratoga Springs, N. Y. 
A. A. Smith, St. Regis Lake, N. Y. 
John B. Hull, Schenectady, N. Y. 

D. P. McQueen, 
Everett Smith, 
Mathew Taylor, 
George Weller, 
M. DeForest Yates, 
James Shanahan, Tribe's Hill, N. Y. 



NOTE, 1885. 



This book is simply a compilation of existing statutes on fish and game, 
made with intent to place in convenient form, for those interested, the latest 
legislative expression on these changeable and too much amended laws. 

Prior to 1879 there were about two hundred different laws on the subject. 
It seemed as if each pond in the State appealed at a different time to the Legis- 
lature for protection, and received it, until confusion was worse confounded. 
This was, to a great extent, remedied by the Game Code, established by the 
Legislature in 1879, which repealed all existing laws for the protection of fish 
and game inconsistent with its provisions. 

But the trouble is beginning again, and the Legislature, by passing special 
laws for particular localities by separate enactment, and not by way of amend- 
ment to the General Law, will soon remand the subject to its former chaotic 
state. 

Each county is authoiized to enact and enforce its own laws, not inconsistent 
with the General Laws, for the protection of fish and game within its terri- 
torial jurisdiction. These laws, if any there be, with other legislative local 
acts, are not within the scope of this compilation, and inquiries must be made 
at the county seats for them. 

The Game Laws are constitutional and enforceable. In Phelps v. Racey (60 
N. Y., 10) the Court of Appeals decided that the Legislature had full power 
to pass laws for the protection of game ; that they were not in conflict with 
the provisions of the State Constitution (Const., art. 1, sec. 6) declaring that 
no person shall be deprived of property, etc., without due process of law, if 
property in the same was acquired after the passage of the act; nor in conflict 
with the Constitution of the United States (U. S. Const., art. 1, sec. 8, subd. 3) 
which authorizes Congress to regulate commerce among the States, and that a 
person can be punished for having in possession fish or game during the closed 
season, although kdled at a time when, by the act, the killing is not pro- 
hibited, or brought into this from another State where there is no such prohi- 
bition. (See Smith v. Levinus, 8 N. Y., 472; Manger v. People, 97 111., 320, 
322, 337; Taylor v. Rogers, 45 L. T. R. [N. S.], 311; 1 Kent Com., 439; Com- 
. monwealth v. Hall, 128 Mass., 10, contra, but see cases cited in note to same 



Note, 1885. 11 

as reported in 35 Am. Rep., 387, 390.) This penalty is enforceable, no matter 
where or when or how innocently the party came into possession of the pro- 
hibited article. 

In Bellows v. Elmendorf (7 Lans., 462) the defendant purchased the carcass 
and skin of a deer, which had been killed in violation of the statute, at a con- 
stable's sale, under a judgment in his favor against the party who had killed 
the same, and after the purchase, on the same day, sold the carcass and skin 
to another person. Held, he was liable to the penalty for exposing for sale 
and having in his possession any green deer skin or fresh venison during the 
closed season, the court saying that the person who takes the property takes it 
subject to the penalty and the risk of being subjected to the consequences of 
subsequently having the same in his possession and of exposing the same for 
sale; that the plain import of the act tended to show that the Legislature 
intended to prevent any evasion, and. to make all persons liable who had pos- 
session of or exposed such property for sale. 

These laws are highly penal in their character, and are as comprehensive as 
the nature of ihe evils to be remedied will permit. 

Societies for the protection of game are encouraged, and every inducement 
offered by way of rewards and a division of penalties recovered for a thorough 
enforcement of the statutes. Laws similar in intent have been passed in all 
civilized countries from the earliest times, not for sporting purposes alone, but 
on political and economic grounds, to preserve and foster a cheap and easily 
attainable food furnished by nature, and they are sustainable against all 
attacks for that reason. (2 Blacks. Com., 411; 4 id., 17o.) 

If illegal fishing and hunting still continues it is not the fault of the Legis- 
lature nor of the law. There is an abundance of the latter article. For the 
enforcement of the Game Laws every person in the State is vested with special 
and extraordinary powers. If the laws are not executed by the proper officei s, 
let the citizens organize or individually attend to the matter. They will find 
ample authority and protection for their legal acts, and sufficient reward in 
penalties to be recovered to compensate them for their trouble. The destruc- 
tion of nets wherever found, constant vigilance and patrol of suspected 
waters, and a vigorous prosecution of the slightest infringement of the laws, 
•especially among sportsmen, by way of example, will soon make the Game 
Laws respected and their enforcement a comparatively easy task. 



NOTE, 1886. 



What we said in the note to the edition of the Game Laws of 1885, about the 
Legislature passing special Game Laws, were general ones, would meet the 
purpose, and about "confusion being worse confounded," we wish more 
strongly than ever to reiterate and affirm. 

More special laws were passed this year than in any year for ten years past, 
and matters are more than usually mixed. 

Laws that were logical in form, that were drafted with due regard to the 
rules of legal and grammatical construction and to other and conflicting 
laws, were dumped into the Legislative hopper, and have been ground out 
wonders to behold. 

The right to hunt and fish at will are natural rights, inherent in man, and 
are his in a state of nature. It requires a positive, affirmative Legislative 
act to deprive him of them. Game Laws, being in derogation of common law 
rights, are to be construed strictly, and neither enlarged by intendment nor 
extended by implication. What they do not forbid is allowed, and they only 
forbid those things that are fairly and squarely within the plain meaning and 
intent of the language of the act used in its ordinary signification. 

It seems, however, to be the general impression that any person who can 
shoot a gun, row a boat or cast a line, is perfectly competent to draft and con- 
strue a game law, and, in proportion to their special ignorance, are they fierce 
in enforcing their views on the Legislature. 

There is a system to the Game Laws; a philosophy of human action and 
human needs about them, a recognition of a natural and inherent right in man 
to hunt and fish that is often lost sight of in passing special laws, which, if the 
subject was looked upon as an entirety and as a grave problem of political 
economy, would never be considered. 

An example of this sort of Legislation can be found in chapter 19L Laws 
1886, the amendment to the deer law. By striking out the word "fresh," 
before venison, in the having in possession clause, the poor backwoodsman, 
lumberman or guide in the depths of the northern wilderness is prevented 
from laying down a pound of salt or smoked venison for family use during 
the long winter* months, and that in a region where beef and mutton are rarely 



Note, 1886. 13 

seen, and where venison is the staff of life. The punishment for so doing is a 
fine of one hundred dollars, a hundred days in jail and a hundred-dollar 
penalty. 

There was no need for such a stringent enactment. The effect of such care- 
less legislation will be, either that many will have to grow meat hungry in the 
midst of plenty, go to jail or starve, or kill a deer for a meal, and throw the 
balance away for fear of the law. 

The transportation clause of this law is also very much mixed. It is unlaw- 
ful to transport any deer killed in this State, except when the owner accom- 
panies the same, and then not to exceed one carcase at a time, unless the deer 
was killed in Queens or Suffolk. 

You may transport Queens and Suffolk county deer, after the same has been 
killed, but you must not kill it to get it to transport, because it is unlawful to 
kill deer in Queens or Suffolk at any time. You can transport or have wild 
deer or venison in possession from August 15th to November 15th, but you 
cannot sell it or expose it for sale after November 1st (sec. 1, Game Laws, 
1879; as amended, chap. 194, L. '86), unless you can prove that it was killed 
prior to November 1st, and not transported in violation of law, then you may 
sell it between November 15th and December 15th, so there are two weeks 
between November 1st and November 15th when you may have venison in 
possession, but you will go to jail if you sell it or expose it for sale (sec. 36, 
L. 79). 

The bass law (chap. 11, L. '86) was found defective before the session closed, 
and was amended (chap. 429, L. '86). 

Salt water bass, which heretofore had a closed season, are now entirely 
without protection, except as to size. The general black bass law has been 
amended, so as to allow fishing generally on May 30th (Memorial Day), and 
pike perch, except in certain special waters, are now protected between Janu- 
ary 1st and May 30th. Material alterations have been made in the laws gov. 
erning the fishing in Lake George. Two trout laws were passed. The new 
law is well and skillfully drawn and easily understood; the prior one was 
beyond comprehension. The law against catching trout less than six inches in 
length has been repealed (chap. 437, L. '86). Lake Ontario and Jefferson county 
have a new law (chap. 141, L. '86). It does not specifically repeal existing and 
conflicting laws. It puts bull-heads, suckers, chubs, catfish, and all such like 
that feed on the spawn of game fish, on an equality with bass and muscalonge. 



14 Note, 1886. 

One must not net for chubs, dace, suckers or shiners under this law; he 
may net for minnows, provided he shall not set his nets, and if, in the act 
of catching minnows, he nets these fishes, he is not bound to throw them back. 

Lake Ontario could have been as well protected by an amendment to section 
23 of the General Law of 1879 as by passing this special enactment, that is con- 
fusing, conflicting, and which, as far as it protects bull-heuds, eels, catfish and 
suckers, is ridiculous and harmful. 

Lake Champlain has also a special law (chap. 603, L. '86). A minnow net is 
the only net that is now allowed in the south end of Lake Champlain. Not a 
bad thing in itself, but as it prevents netting for hull-heads, eels, etc., it is 
likely to fall by its own weight. 

Section 2 reads : "Neither shall any person or persons have, iu his, her or 
their possession, any muscnlonge, black or Oswego bass, pike or pickerel, 
between the 1st day of February and the loth day of June iu any year." 

This section contains no limitation as to the place where they must not be 
had in possession, nor does it refer to fishes caught in Lake Champlain or con- 
trary to its provisions. Except as far as section 2 is limited by the title to the 
act, it may apply to the entire State. 

Chapter 427, Laws of L886, "An act for the preservation of song and wild 
birds," is drawn for a good purpose and with good intent. It virtually pro- 
hibits the sale by milliners and dry -goods and fancy stores of the wings, heads, 
"or any pail " of the birds mentioned in the act. 

If the draftsman of that law knew less about " ealli-mules " and more about 
the game laws, he might have saved a very interesting question, or, at least, 
placed it beyond doubt, viz.: "Is it now unlawful to 'kill, wound, trap, net, 
snare, catch with bird lime or with any similar substance, poison or drug,' a 
game bird?" 

Chapter 427 of the Laws of 1886, is entitled, "An act for the preservation of 
song and wild birds," and became a law May 20, 1886. 

The time is particular, because it is subsequent to all laws passed for the 
protection of game birds. It reads: "No person * * * shall kill, * * * 
trap, * * * snare, * * * poison or drug any bird of song, * * * or 
any wild bird, other than a game bird." 

As we said before, this law must be construed strictly, and what is not 
expressly forbidden is allowed, and tl.is law expressly allows you to trap and 
poison game birds. 



Note, 1886. 15 

No person shall trap or poison any wild bird, except a game bird. To 
make assurance doubly sure, it tells, iu scientific terms, what sball be con- 
sidered the game birds that are excepted from the provisions of the act, and 
then reads: "All acts or parts of acts inconsistent with, or contrary to the pro- 
visions of this act are hereby repealed " (sec. 91 This law also protects the 
eggs and nests of crows, blackbirds, hawks and owls, for they are certainly 
wild birds (sec. 2). 

"We do not say that game birds are now lawful prey; we raise the question, 
but think that the rule of strict construction of penal statutes, and the doubts 
that are given in favor of persons accused of crime would lead a court to 
decide that it is not unlawful to trap, net or poison them. Chautauqua and 
Cattaraugus have also a special law for the protection of game (chap. 430, L. 
'86). One cannot ship, " without " these counties, game birds mentioned, for - 
the purposes of trade or sale, if they were taken or killed within the counties, 
and if they are shipped "without the bounds of said counties," one is guilty 
of a misdemeanor. There are many more such inconsistent and conlradictory 
enactments, but sufficient has been said to show the general run of game 
leg slation. 

Some of these criticisms go to the verbiage of the act and are critical. We 
do nut say that the doubts raised are in all cases good or would be upheld by 
the courts. We offer them as suggestions to illustrate the loose-jointed, incon- 
sistent and chaotic condition of the Game Laws, and that they are such as all 
good lawyers delight in, doubtful, crooked, obscure, and capable of a dozen 
constnuctions. A commission is needed to revise, reform, simplify and abridge 
the Game Laws by making a "Code of Game Laws" and referring the same 
to the Legislature for action. 

The responsibility for the verbiage and clashing of the Game amendments 
of 1886 should be placed where it belongs— on the Legislature and not on the 
executive. Governor Hill is reported to have said that "no bill that the 
Legislature passed in 1885 gave him more bother, subjected him to more inter- 
views and caused him to listen to more speeches, than did the deer law of 1885. 
That men whose judgments were good in all matters else could not agree 
upon what was proper game legislation, and differed so radically on the ques- 
tion that the more research he made, and the more he studied, the less could 
he reconcile their conflicting opinions, and that as he was not a sportsman, 
and could not in justice to more pressing matters, examine critically into the 



16 Note, 1886. 

minute particulars of wording and punctuation that went to make up a Game 
Law, he would sign none, that he would place the responsibility upon the 
Legislature, whose duty it was to send him perfect laws, and allow all they 
sent him to become laws without his signature." Two-thirds of the Game 
Laws passed in 1886 became such without executive sanction. 

The sooner the game societies take an interest in the matter of legislation, 
the sooner will order be brought out of chaos. There should be a State Con- 
vention of game societies to consider the question. 



GENERAL SYNOPSIS. 



& A. M E . 

DEER : 

May be hunted, killed and captured alive from August 
15 to November 1. 

May be run with dogs from September 1 to October 5. 

May not be run with dogs in St. Lawrence and Dela- 
ware counties at any time. 

No person to kill or take alive more than three deer 
in any one season. 

May be transported and had in possession between 
August 15 and November 15. 

Must not be sold, except from August 15 to Novem- 
ber 1, except that such deer and venison as are 
killed within the open season, and not transported 
contrary to law, may be sold from November 15 to 
December 15. 

Pawns shall not be killed. 

Fawn skins or carcasses shall not be had in posses- 
sion or sold. 

Wild deer shall not be killed in Queens and Suffolk 
counties for live years, from April 24, 1886. 

The transportation of deer killed in this State is for- 
bidden (except such deer as are unlawfully killed 
in Queens and Suffolk counties, which may be 
Transported), except that from August 15 to No- 
vember 15, one carcase can be transported for the 
owner of the same, provided he accompanies it. 

Crusting and yarding are prohibited. 

RABBITS : 

Shall not be killed, exposed for sale or had in posses- 
sion after same have been killed, between February 
1 or November 1, nor at any time killed or hunted 
with ferrets, except that owners or occupants of 
nurseries or orchards may hunt with ferrets in 
same, or field or forest adjoining same. 
HARE: 

(Same as rabbit.) 

MOOSE : 

Must not be killed nor hunted with dogs. 

SQUIRREL (Black) : 

Shall not be killed, exposed for sale or had in pos- 
session, etc., between February 1 and August 1. 

2 



18 General Synopms. 

SQUIRREL (Grey) : 

(Same as black squirrel.), 

WOLVES : 

State bounty, $80 for a grown wolf, 816 for a pup 
wolf. 

PANTHERS: 

p State bounty, $20. 



BIRDS. 

(See Chapter 427, Laws 1880, page 04.) 

WILD DUCK : 

Shall not be killed, exposed for sale or had in pos- 
session between May 1 and September 1, nor shall 
they be killed in the waters of Long Island between 
May 1 and October 1, nor in Chautauqua county 
between February 1 and September 1. They shall 
not be killed between sunset and daylight, or pur- 
sued or fired at with # the aid of any light or lan- 
tern, nor with a swivel or punt gun, or with any 
other gun, except such as are habitually raised at 
arms length and 1ired from the shoulder; nor shall 
nets or other devices be used to capture or kill 
them. 

Floating batteries, machines or other devices, whereby 
the gunner is concealed, or to use any decoy or 
construct bow houses at a greater distance than 
twenty rods from the shore, for the purpose of 
shooting at or killing the same, except in the 
waters of Great South Bay, west of Smith's Point, 
or the waters of Peconic or Shinnecock Bay or 
Lake Ontario, St. Lawrence, and Hudson river, 
below Albany, are forbidden. 

It is forbidden to sail for or shoot at same from vessel 
propelled by sails or steam, except in Long Island 
sound, Lake Ontario and the Hudson river below 
Iona Island. 
GOOSE : 

(See wild duck. ) 

BRANT : 

(See wild duck.) 

WILD FOWL: 

(See wild duck, except as to open season.) 



General Synopsis. 19 

QUAIL : 

Shall not be killed, exposed for sale or had in pos- 
session between January 1 and November 1. 

Shall not be taken or killed by nets, traps or snares, 
nor shall such be set, nor shall quail killed by 
means of same be had in possession or exposed for 
sale. 

Nets, traps or snares may be destroyed by any per- 
son wherever found set. 

Open season in Queens and Suffolk counties from 
November 1 to January 1. 

Must not be killed in Niagara county for three years 
from May 17, 1886. 

WOODCOCK : 

Shall not be killed, exposed for sale or had in pos- 
session between January 1 and August 1. 

In Oneida and Delaware counties between January 1 
and September 1. 

Netting same as quail. 

PARTRIDGE : 

Shall not be killed, exposed for sale or had in pos- 
session between January 1 and September 1. 

Netting same as quail. 

Open season in Queens and Suffolk counties from 
November 1 to January 1. 

Must not be killed in Niagara county for three years 
from May 17, 1886. 

PRAIRIE CHICKEN : 

(Same as partridge.) 

RUFFED GROUSE: 

(Same as partridge.; 

PINNATED GROUSE: 

(Same as prairie chicken. ) 

CANADA PARTRIDGE : 

Netting same as quail. 

SPRUCE GROUSE: 

(Same as Canada partridge.) 

SONG BIRDS, SMALL BIRDS, WILD BIRDS : 

(See pagvs 27, 62, 63, 64.) 
In New York city, p. 62. 

In New York, Kings, Albany, Richmond and Rens- 
selaer counties, p. 68. 



20 General Synopsis. 

WILD BIRDS {Continued): 

(See, also, chap. 427. Laws 1886, at p. 64, which pos- 
sibly repeals all the above laws for the protection 
of game and song birds.) 



FISH. 

SPECKLED TROUT: 

Unlawful to catch, kill, expose for sale or have in 
possession speckled trout, except from April 1 to 
Sej)tember 1, except in the Adirondacks, where 
the season is from May 1 to September 15. 

Catching for restocking (except from Lake Ontario) 
prohibited. 

Molesting on natural spawning beds during spawn- 
ing season (except in Lake Ontario) j)rohibited. 

State and private hatcheries have special privileges. 

'J he transportation of trout caught or killed in the 
Forest Preserve prohibited, except that speckled 
trout, brook trout, brown trout and California trout, 
from May 1 to September 1, and salmon trout or 
land-locked salmon, from May 1 to October 1, may 
be had in possession or transported "for each 
owner of said trout, provided that they be accom- 
panied by such owner." 

Killing or catching, except by hook and line, pro- 
hibited (except in Lake Ontario and Niagara river). 

Selling or drawing nets or seines, and the use of set 
line or set poles in any waters inhabited by, pro- 
hibited (except in Lake Ontario and Lake Keuka). 

Fishing for, through ice, prohibited, except in Lake 
Ontario, Niagara river and private waters. 

Nets, seines, etc., contraband and may be destroyed. 

BROOK TROUT: 

(Same as speckled trout.) 

LAND-LOCKED SALMON: 

(See speckled trout. Same, except as above indi- 
cated. Open season in Adirondacks from May 1 

to October 1.) 

CALIFORNIA TROUT: 

(Same as speckled trout ; but see sec. 7, on p. 43 of 
this book.) 

BROWN TROUT: 

(Same as speckled trout.) 



General Synopsis. 21 

SALMON TROUT: 

(Same as speckled trout, except that open season in 
Adirondacks is from May 1 to October 1, and it is 
unlawful to catch or sell same from the inland 
lakes in the months of October, November, Decem- 
ber, January, Febuary and March, and in Lake 
George the additional month of April.) 
BASS: 

May be caught in waters of Lake Mahopac, or of 
Columbia county, Schroon lake or river or Para- 
dax lake, in the counties of Essex or Warren, or 
in the waters of Friends' lake, in Warren county, 
or in the water of Skaneatelas lake, between July 1 
and January 1. 

In Lake George, and Brant lake, in Warren county, 
between August 1 and January 1. 

In St. Lawrence, Clyde, Seneca and Oswego rivers, 
Lake Erie, Lake Ontario, Lake Conesus, and Ni- 
agara river, above Niagara falls on the American 
side, between May 20 and January 1. 

In all other waters between May 30 and January 1. 

Must not be caught, sold or had in possession if 
weight be less than one-half pound, or length less 
than eight inches from end of snout to end of 
caudal fin. 

Must not be had in possession or sold, except be- 
tween May 20 and January 1. 

MUSCALONGE: 

May be caught from May 30 to January 1, except in 
St. Lawrence, Clyde, Seneca and Oswego rivers, 
Lake Erie, Lake Ontario, Lake Conesus, and Ni- 
agara river above Niagara falls on the American 
side, from May 20 to January 1. 

Must not be sold or had in possession, except be- 
tween May 20 and January 1. 

OSWEGO BASS: 

(Same as muscalonge.) 

PIKE PERCH : 

(Same as muscalonge.) 

FRESH WATER STRIPED BASS: 

No closed season. Same as black bass as to size and 
weight — eight inches and one-half pound, and can- 
not be sold or had in possession except from May 
20 to Jaii nary 1. 

SALT WATER STRIPED BASS : 

Without protection, except as to size, which is same 
as black bass. 



22 General Synopsis. 

BULL-HEADS : 

Must not be caught in Lake George, between April 1, 
and July 1. 

PICKEREL : 

No closed season, except in Lake George, between 
February 15 and July 1. 

SHAD: 

May be taken from the Hudson river between March 
15 and June 15. 

LOBSTERS : 

Having in possession forbidden, when less than ten 
and one-half inches in length, from one extremity 
of body to the other, exclusive of claws or feelers. 

OYSTERS : 

(See page 50.) 



THE GAME LAWS 



STATE OF NEW YORK 



The General Law, as Amended to Date. 



Chap. 534 of the Law* of 1879. 

AN ACT for the preservation of Moose, Wild Deer, Birds, 
Fish and other Game. 

Passed June 20, 1879. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. No person shall hunt, kill, chase or take alive 
any wild deer in any part of the State save only from the wild deer, 
fifteenth day of August to the first day of November in any 8eason for * 
year, nor shall any one person during such time, kill or take 
alive more than three deer. No person, corporation, asso- 
ciation or company shall transport or have in his or its pos- Transport*, 
session in this State, after the same has been killed, any tion of - 
wild deer or venison, save only from the fifteenth day of 
August to the fifteenth day of November in each year. No 
person, corporation, association or company shall sell, or Saleor 
expose for sale after the same has been killed, any wild session of. 
deer or venison, save only from the fifteenth day of August 
to the first day of November in each year. No person shall 
at any time, in this State, kill any fawn or have in posses- Fawn, 
sion the carcass or skin of any such fawn after the same 
shall have been killed. No person shall, in any part of this 
State, set any trap, spring-gun or other device at any arti- Traps, 
ficial salt lick or other place for the purpose of traping or etc. 
killing wild deer. It shall not be lawful to hunt or pursue 
deer with dogs in any county of this State, except from the Hounding, 
first day of September to the fifth day of October in each 
year. It shall not be lawful to pursue deer with dogs in 
the counties of St. Lawrence and Delaware at any time. It 
shall be lawful for any person to shoot or kill any dog while 
in actual pursuit of any deer in violation of the provisions 
of this act. It shall not be lawful for any person to kill or 



24 The Game Laws of the 

an^Suffoik. cause to be killed any wild deer in the counties of Suffolk 
and Queens at any time within five years from the passage 
of this act. No person, common carrier, corporation, asso- 
ciation or company shall at any time carry or transport in 

Transporta- this State, or have in possession for the purpose of trans- 
portation, any wild deer, or venison, taken, caught, killed 
or captured in the counties of this State, or in either of 
them, except the counties of Queens and Suffolk, and any 
person, common carrier, corporation, association or com- 
pany which has in his or its possession any such wild deer 
or venison, taken, caught, killed or captured in any of the 
said counties of this State as aforesaid, or in either of them, 
except the counties of Queens and Suffolk, shall be deemed 
to have them in possession in violation of this act, except, 
however, that they may transport or have in possession for 
the purposes of transportation, from the fifteenth day of 
August to the fifteenth day of November, not more than 
one carcass of wild deer or venison, taken, caught, killed 
or captured in said counties as aforesaid, or in either of 
them, for each owner of said carcass as aforesaid, provided 
that such carcass be accompanied by the owner. This sec- 
tion shall not apply to the head or feet of wild deer when 

Penalty. severed from the carcass. Any person offending against 
any of the preceding provisions of this section shall be 
deemed guilty T of a misdemeanor, and in addition thereto 
shall be liable to a penalty of one hundred dollars for each 
wild deer or fawn so killed, hunted, pursued or trapped, or 
for each carcass or part thereof transported or had in pos- 
session for transportation in violation of this act, and for 
every spring-gun so set, or wild deer or fawn skin or veni- 
son had in possession, and may be proceeded against there- 
for in any county of this State in which the offense was 
committed or in which the offender or prosecutor may re- 
side, or have an office for the transaction of business. (As 
amended by chap. 194, Laws 1886.) 

§ 2. No person shall at any time or place within this State, 
take, chase with dogs, or kill any moose, nor shall any per- 
son sell or expose for sale or have in his or her possession, 
any moose after the same has been so taken or killed. Any 
person violating this section shall be deemed guilty of a 
misdemeanor, and in addition thereto shall be liable to a 
penalty of fifty dollars for each offense. 
§ 3. No person shall hunt, kill or take alive any wild deer 

yarding g pro. by the process or mode commonly known as crusting, or 

nibited. enter any place where wild deer are yarded with intent to 
kill, take alive or destroy the same at any time. Any per- 
son offending against any of the provisions of this section 
shall be deemed guilty of a misdemeanor, and in addition 



State of New York. 25 

thereto shall b^ liable to a penalty of one hundred dollars 
for each wild deer so hunted, killed, taken alive or de- 
stroyed. (As amended by chap. 194, Laws 1886.) 

§ 4. No person shall kill, or expose for sale, or have in wiw duct, 
his or her possession, after the same has been killed, any* 8e ' 
wild duck, goose or brant in any of the waters of this State, 
between the first day of May and the first day of Septem- 
ber, except that in the waters of Long Island none of said 
birds shall be killed between the first day of May and the 
first day of October. Any person violating any of the pro- 
visions of this section shall be deemed guilty of a misde- 
meanor, and in addition thereto shall be liable to a penalty Penalty, 
of twenty-five dollars for each and every wild duck, goose 
or brant killed, or had in his possession; and any person 
who shall, at any time kill any of said birds between sun- Not to be 
set and daylight, or pursue or "fire at any of said birds with tween sunset 
the aid of any light or lantern, shall be deemed guilty of a and sunrise- 
misdemeanor, and in addition thereto shall be liable to a 
penalty of fifty dollars for each offense against this provision. 
And any person found between sunset and sunrise on the 
water with a gun and lantern in the act of attempting to 
pursue, fire at, or kill any such birds, shall be deemed 
guilty of a violation of this section.* 

§5. No person shall, at any time, kill any wild duck. ^^Wot 
goose or brant, with any device or instrument known as apuntgun. 
swivel or punt gun, or with any gun other than such guns 
as are habitually raised at arm's length and fired from the 
shoulder, or use any net, device or instrument, or gun other 
than aforesaid, with the intent to capture or kill any such 
birds. Any person violating any of the 'provisions of this 
section shall be deemed guilty of a misdemeanor, and in 
addition thereto shall be liable to a penalty of fifty dollars, penalty. 

§6. No person shall use any floating battery, machine Floating bat. 
or other device, whereby the gunner is concealed, for thecoysfetc!! 
purpose of killing any wild fowl, or shoot out of any such prohibited, 
floating battery, machine or device, at any wild goose, 
brant or duck, in any of the waters of this State, or use 
any decoy or construct any bow-hous^. at a greater distance 
than twenty rods from the shore, for the purpose of shoot- 
ing at or killing any such birds. Any person violating any Penalty, 
of the provisions of this section shall be deemed guilty of a 
misdemeanor, and in addition thereto shall be liable to a 
penalty of fifty dollars for each offense. But nothing in Exceptions, 
this section shall apply to the waters of the Great South 
bay, west of Smith's point, or the waters of Peconic bay, 
or Shinnecock bay, or Lake Ontario, or the river St. Law- 
rence, or the Hudson river below Albany. 

* See chap. ^47, Laws 1880, relating lo Chautauqua county. 



26 



The Game Laws of the 



Sailing for 
wild fowl. 



Penalty. 



Quail. 



Hare or rab- 
bit. 



Orchards 
and nurser- 
ies. 



Penalty. 



Woodcock. 



Blackorgrey 
squirrels. 



Penalty. 



§ 7. No person shall sail for any wild fowl or shoot at 
any wild goose, brant or duck from any vessel propelled 
by steam or sails, or from any other structure attached to the 
same, in any of the waters of this State, except Long Island 
sound, Lake Ontario and the Hudson river below Iona 
island. Any person violating any of the provisions of this 
section sin 11 be deemed guilty of a misdemeanor, and in 
addition shall be liable to a penalty of ten dollars. (As 
amended by chap. 112, Laws 1886.) 

§ 8. No person shall kill, expose for sale, or have in pos- 
session after the same has been killed, any quail, between 
the first day of January and the first day of November, ex- 
cept as hereinafter provided; no person shall kill, or expose 
for sale, or have in possession after the same has been 
killed, any hare or rabbit, between the first day of Febru- 
ary and the first day of November, nor at any time, kill or 
hunt any hare or rabbit with ferrets. This shall not pre 
vent the owners or occupants of nurseries or orchards, in 
any of the counties of this State, from trapping or hunting 
hares or rabbits, with ferrets or otherwise, within the limits 
of said nurseries or orchards, or any forest or field adjoin- 
ing such nurseries or orchards, and the possession of any 
hare or rabbit may be excused by any person proving the 
s;ime to have been caught or killed within the limits afore- 
said. No person shall kill any quail in the counties of 
Montgomery, Schenectady. Saratoga or Albany, within two 
y^ars from the passage of this net. Any person violating 
either of the provisions of this section shall be deemed 
guilty of a misdemeanor, and in addition thereto, shall be. 
liable for any violation of the first provision to a penalty of 
twenty-five dollars for each quail, hare Or rabbi I so killed, 
exposed for sale, or had in possession. (As amended by 
chap. 584, Laws 1880.) 

§ i). No person shall kill or expose for sale, or have in 
his or her possession after the same has been killed, any 
woodcock, between the first day of January and the first 
day of September, in the counties of Oneida and Delaware, 
and in other parts of the State, between the first day of 
January and the first day of August in each year, except 
as hereinafter provided. It shall not be lawful for any 
person to kill or expose for sale, or to have in his or her 
possession after the same has been killed, any black or 
grey squirrel, between the first day of February and the 
first day of August in each year. Any person violating 
either of the provisions of this section shall be dt-emed 
guilty of a misdemeanor, and in addition thereto, shall be 
liable to a penalty of twenty-live dollars for each bird or 
animal so killed or had in possession. ( As amended by 
chap. 269. Laws 1884.) 



State of New York. 27 

§ 10. No person shall kill or expose for sale, or have in 
his or her possession, after the same has been killed, any 
ruffed "grouse, commonly called partridge ; or pinnated Partridge, 
grouse, commonly called prairie chicken, between the first Prairie 
day of January and the first day of September, except as chlcken - 
hereinafter provided. Any person violating any of the pro- penalty, 
visions of this section shall be deemed guilty of a misde- 
meanor, and in addition thereto shall be liable to a penalty 
of twenty-five dollars for each bird so killed or had in 
possession.* 

§ 11. No person shall, at any time or place within this 
Srate, take or kill any ruffed grouse, commonly called part- 
ridge, or any pinnated grouse, commonly called prairie 
chicken, or any spruce grouse, commonly called Canada 
partridge, or any quail, with any net, trap or snare, or set letting, etc., 
any such net, trap or snare for the purpose of taking or pr ° * 
killing any such birds ; nor shall any person willfully sell 
or expose for sale, or have in his or her possession, any of 
the said birds after the same shall have been so taken or 
killed. Any person violating any of the provisions of this Penalty, 
section shall be deemed guilty of a misdemeanor, and in 
addition thereto shall be liable to a penalty of ten dollars 
for each bird so taken and killed or had in possession. 
And it shall be lawful for any person to take and destroy 
any such nets, traps or snares whenever found set. 

§ 12. No person shall, at any time in this State, kill or Eagles, etc. 
expose for sale, or have in possession after the same is 
killed, any eagle, woodpecker, night-hawk, yellow. bird, 
wren, martin, oriole, or any song bird, under a penalty of Penalty, 
live dollars for each bird so killed or exposed for sale or 
had. in possession. (As amended by Laws of 1880, chap. 
584. f) 

§ 13. No person shall kill or expose for sale, or have in andstariings 
possession after the same has been killed, any robin, meadow 
lark or starling, save only during the months of October, 
November and December, under a penalty of live dollars for 
each bird so killed, exposed for sale, or had in possession. 
(As amended by Laws of 1880, chap. 584 f) 

§ 14. The last two sections shall not apply to any person Exceptions, 
who shall kill any bird for the purpose of studying its hab- 
its or history, or having the same stuffed and set up as a 
specimen, or to any person who shall kill on his own premi- 
ses any robins in the act of destroying fruits or grapes. f 

* See chap. 480, Laws 1886, in relation to Chautauqua and Cattaraugus 
counties; chap. 542, Laws 188(3, quail on Robins' Island, and chap. 3U5, Laws 
1886, in relation to Niagara county. 

t See chap. 427, Laws 1886,. an act for the preservation of song and wild 
birds, which may operate as a repeal. 



28 



Thk Game Laws of the 



Bobbing 
nests. 



Penalty. 



Trespassing. 



Notice. 



Notice not to 
trespass. 



Penalty, 



State lane s 
or waters not 
to be leased. 



Trout or sal- 
mon, netting 
for, prohib- 
ited. 



§ 15. No person shall willfully destroy or rob the nest of 
any wild birds whatever, except crows, blackbirds, hawks 
and owls, save only where it may be necessary to protect 
dwelling-houses or prevent their defacement. Any person 
violating this section shall be deemed guilty of a misde- 
meanor, and in addition thereto shall be liable to a penalty 
of five dollars for each offense.* 

§ 16. Any person who shall knowingly trespass upon in- 
closed or cultivated lands, for the purpose of shooting or 
hunting any game protected by this act, or shall take any 
lish from private ponds or private streams not stocked in 
whole or in part by the State, or after public notice has 
been given by the owner or occupant thereof, or person, 
association or corporation hiring or leasing the exclusive 
right to shoot or hunt thereon or fish therein from the 
owner or occupant, as provided in the following section, 
shall be liable to such owner or occupant, kk or person, asso- 
ciation or corporation," in addition to the actual damages 
sustained, exemplary damages to an amount not exceeding 
twenty five nor less than fifteen dollars. (As amended by 
chap. 243, Laws 1885.) 

§ 17. The notice referred to in the preceding section shall 
be given by erecting and maintaining sign-boards, at least 
one foot square, upon at least every fifty acres of land upon 
or near the lot lines thereof, or upon or near the shores or 
banks of any lake, stream or pond, in at leasl two conspicu- 
ous places on premises, or by the personal service upon am 
person of a written or printed notice containing a brief de- 
scription of the premises, the name of the owner or person 
in possession thereof, and such notice to have appended 
thereto the name of the owner or occupant, or person, asso- 
ciation or corporation having the exclusive light to shoot or 
hunt thereon or fish therein. Any person who shall tear 
down or in any way deface or injure any such sign-boar. I, 
shall be guilty of a misdemeanor, and, in addition thereto, 
shall be liable to a penalty of twenty-five dollars. (As 
amended, chap. 243, Laws 1885.) 

[§ 3. Nothing in this act contained shall be construed as 
authorizing the leasing of any of the lands or waters be- 
longing to the State, to any person, association or corpora- 
tion for a fish or game preserve, except for fish hatching 
purposes. (Added by chap. 243, Laws 1885, in act amend- 
ing §§ 16 and 17.)] 

Jj 18. No person shall at any time kill or catch or attempt 
to kill or catch any speckled trout, brook trout, salmon 
trout or land-locked salmon, with any device save that of 



* See chap. 427, Laws 1886, an act for the preservation of song and wild 
birds, which may operate as a repeal. 



State of New York. 29 

angling with line, or rod h^ld in the hand, except in Lake 
Ontario and the Niagara river and in waters which are 
wholly private, and in the latter only then by permission of 
the owner thereof; nor shall any person set or draw any.net 
of seine, or use any set or* line or set pole in any lake, pond 
or stream inhabited by speckled trout, brook trout or salmon 
trout or land-locked salmon, except in the waters of Lake 
Ontario; but no net shall be set within one mile of the 
mouth of the Oswego river, or have, on the shores or waters 
thereof, except said Lake Ontario, any net, seine, set line 
or other unlawful device for the taking of fish, but this act 
shall not apply or prohibit tne catching of minnows for bait 
in the waters of Lake Keuka adjacent to the shores of Yates 
and Steuben counties, providing the person using the nets 
for that purpose shall not set them, and shall throw back 
any trout, bass or other game fish taken, and keep only 
chubs, shiners, suckers and ale-wives to be used as herein 
stated. Aud no person shall at any time, or in any way, 
catch or attempt to catch any speckled or brook trout, or 
salmon trout, or land-locked salmon, through the ice, ex- 
cept in Lake Ontario and the Niagara river, and in waters 
wholly private. Any person who shall offend against any Penalty, 
of the provisions of this section shall be deemed guilty of 
a misdemeanor, and in addition thereto shall be liable to 
a penalty of twenty-five dollars for any offenses against any 
of the provisions of this section, and ten dollars additional 
for each fish taken. All nets, seines and other devices for- Nets, etc 
bidden by this section to be used are hereby declared to be 
nuisances and contraband; and any person finding the same contraband, 
in any place where they are forbidde.n to be used * author- 
ized to destroy such contraband articles, and no action for 
damages shall lie against him for such destruction. The 
phrase ''private waters" is hereby defined for purposes of waters 6 
this and the next section only, to mean ponds or streams 
fed wholly by artificial sources, or by springs existing upon 
the same farm or tract belonging to the owner or proprietor 
thereof ; or waters brought by artificial pipes, or channels 
other than natural, into artificial ponds or reservoirs of the 
owner or proprietor. (As amended by chap. 671, Laws 
1886.) 

§ 19. No person shall catch, or attempt to catch, or kill 
or expose for sale, or have in possession after the same has 
been caught or killed, any speckled trout, brook trout, Cali- mon^seaaon 
fornia trout, brown trout, salmon trout or land-locked sal- for. ' 
mon, save only from the first day of April to the first day 
of September in each year, except in the counties included 



* So in the original. 



30 



The G-ame Laws of the 



In Adirond- 
acks. 



Not to be 
taken from 
private war 
ters for 
stocking. 



Spawning. 



Penalty. 



Hatcheries 
excepted. 



Spawn. 



in the Forest Preserve, established by chapter two hundred 
and eighty-three of the laws of eighteen hundred and 
eighty-five, where it shall not be lawful to catch, or attempt 
to catch or kill, or expose for sale, any speckled trout, 
brook trout, brown trout and California trout, save only 
from the first day of May to the fifteenth day of September, 
and salmon trout and land locked salmon from the first day 
of May to the first day of October in each year. No person 
shall at any time take or catch any speckled trout, brook 
trout, brown front, salmon trout, land-locked salmon or 
California trout, from any of the waters of this State for the 
purpose of stocking a private or public pond or stream ex- 
cept from the waters of Lake Ontario. No person shall at 
any time willfully molest or disturb any of the fish men- 
tioned in this section, while they are upon their natural 
spawning beds during the spawning season, except in the 
waters of Lake Ontario ; nor shall any person take any of 
said fish, or any spawn or milt from any of said fish, while 
upon their natural spawning beds in an y of the waters of 
this State (except such as are wholly private). Any person 
violating any of the foregoing provisions of this section 
shall be deemed guilty of a misdemeanor, ami in addition 
thereto shall lie liable to a penalty of ten dollars for an 
attempt, ami twenty the dollars for each lish so caught, 
killed, exposed for sale or had in possession during the pro 
hibited season aforesaid : and a penalty of fifty dollars for 
disturbing or molesting lish upon the spawning beds, or 
taking spawn or mill therefrom, with twenty-live dollars 
additional for each lish taken thereon. The foregoing pro- 
visions are not to apply to the operations of State or public 
hatcheries, or to the artificial propagation of said lish by 
State or public authority ; nor to the taking, transportation 
or possessing of fish-fry, thus artificially propagated or dis- 
tributed for the stocking of waters. Owners or proprietors 
of private hatcheries are also exempted therefrom to the 
extent that they may take fish, spawn or milt in their own 
private waters, for the purpose of artificial propagation, 
inclusive of the sale, transportation and possession of lish 
fry or spawn thus obtained or propagated for the purposes 
of stocking waters. In all other respects these provisions 
are to apply. No officer of the State, nor any person. 
shall place or deposit in any of the waters of the Adi- 
rondack region of this State (so called) any fish, or fish-fry, 
or spawn, or milt, except speckled trout, brook trout. 
brown trout, salmon trout, California trout, or land locked 
salmon unless the fish so deposited or placed in such waters 
are indigenous to the particular water where placed, except 
that non-preying or non-destructive fish, such as usually 



State op New York. 31 

constitute food for the species above named; maybe therein 
placed. Any person offending against this provision shall Penalt y- 
be deemed guilty of a misdemeanor, punishable by impris- 
onment in a penitentiary or county jail for a period not ex- 
ceeding eighteen months, or shall forfeit a penalty of five 
hundred dollars, or both, in the discretion of the court, for 
each fish or spawn deposited in violation thereof. No per- Transport- 
son. common carrier, corporation, association or company 
shall, at any time, carry or transport, or have in his or irs 
possession for the purpose of transportation, any speckled 
trout, salmon trout, California trout, or land-locked salmon 
caught or killed in that portion of this State constituting 
the Forest Preserve ; and any person, common carrier, cor- 
poration, association or company which has in his or its 
possession any such trout shall be deemed to have them in 
possession in violation of this section ; provided, however, 
that they may transport from the Forest Preserve, or have 
in possession for the purposes of transportation, speckled 
trout, brook trout, brown trout and California trout from 
the first day of May to the first day of September, and sal- 
mon trOut or land-locked salmon from the first day of May 
to the first day of October in any year, caught or killed in 
the Forest Preserve, for each owner of said trout, provided 
that they be accompanied by such owner. Any person Penalty, 
offending against this provision shall be, deemed guilty of a 
misdemeanor, and in addition thereto shall be liable to a 
penalty of fifty dollars for each trout or part thereof had 
in possession for transportation in violation of this provis- 
ion, and may be proceeded against in any county of this 
State in which the offender or prosecutor resides, or the 
offender has an office for the transaction of business. (As 
amended by chap. 437, Laws J 886.) 

§ 20. No person shall kill or expose for sale, or have in 
his or her possession, after the same has been killed, any 
salmon trout or lake trout caught in the inland lakes of 
this State in the months of October, November, December, 
January, February and March, and in Lake George the 
additional month of April. Any person violating any of 
the provisions of this section shall be deemed guilty of a 
misdemeanor, and in addition thereto, shall be liable to a 
penalty of ten dollars for each fish so killed, exposed for 
sale or had in possession. 

§ 21. No person shall catch or kill any black bass in the Black bass, 
waters of Lake Mahopac, or of Columbia county (or in 
the waters of Schroon lake or river or Paradox lake, in the 
counties of Essex or Warren, or in the waters of Friend's 
lake, in Warren county, or in the waters of Skaneatelas 
lake in the counties of Onondaga and Cayuga, between the 



32 The Game Laws of the 

first day of January and the first day of July), or in Lake 
George, or in Brant lake, in Warren county, between the 
first day of January and the first day of August, or catch 

mulcaionge 8 ,' or kill aa y black bass, Oswego bass, muscalonge, or pike 

pike perch. ' perch, commonly called wall-eyed pike, in any other waters 
of the State, between the first day of January and the thir- 
tieth day of May. but this section shall not apply to salt 
water bass, unless alive for artificial propagation, or the 
stocking of other waters, except that bass and muscalonge 
may be caught in the St. Lawrence, Clyde, Seneca and Os- 
wego rivers, Lake Erie, Lake Ontario. Lake Conesus and 
Niagara river, above Niagara Falls, on the American side, 
between the twentieth day of May and the first day of 

wei|ht*of. January. No person shall catch, kill or expose for sale, 
or have in his or her possession after the same has been 
killed, any black bass or fresh- water striped bass weighing 
less than one-half pound, or less than eight inches in length 
from end of snout to end of caudal fin, at any time, nor 
catch, kill or expose for sale after the same has been killed, 
any salt water striped bass weighing less than one-half 
pound or less than eight inches in length from end of snout 

whenmavbeto end of caudal fin, at any time. No person shall expose 
for sale, or have in his or her possession after the same 
has been killed, any black bass, Oswego bass, fresh-water 
striped bass or muscalonge, save only from the twentieth 
day of May to the first day of January. Nor shall any 
person catch or kill, or attempt to catch or kill, any bull- 

LakeGeorge. heads in the waters of Lake George or in the waters of any 
of the inlets or creeks emptying into said lake, between 
the first day of April and the first day of July in any year. 
Nor shall any person at any rime catch or kill, or attempt 
to catch or kill, in the waters of Lake George or in the 
waters of the inlets or creeks emptying into the same, any 
fish with any set line, or with any device whatever except 
that of angling with hook and line held in the hand. Nor 
shall any person catch or kill any pickerel in the waters of 
Lake George between the fifteenth day of February and 
r lie first day of July in any year. Nor shall any person 
expose for sale, or have in his or her possession, any bull- 
heads caught or killed in the waters of Lake George, or in 
the waters of the inlets or creeks emptying into the same, 
between the first day of April and the first day of July, in 
any year, or any pickerel caught or killed in the waters <»!' 
said Lake George between the fifteenth day of February 

Penalty. and the first day of July in any year. Any person violat- 
ing any of the provisions of this section shall be deemed 
guilty of a misdemeanor, and in addition thereto shall be 
liable to a penalty of ten dollars for each fish. 



State of New York. 33 

§ 22. No person shall catch any bass, trout or other lish, Rawing off 
in any of the waters of this State by shutting or drawing waters, 
off any portion of said waters, nor shall any person take 
any fish in the waters of the Tonawanda creek between 
Moulton's dam, in the county of Genesee, and Cotton's 
dam, in the county of Wyoming, for a period of five years 
after the passage of this act. Any person violating this Penalt y- 
section shall be deemed guilty of a misdemeanor, and in 
addition thereto shall be liable to a penalty of twenty-five 
dollars for each offense. 

§ 23. No person shall kill or catch, or attempt to kill or Jjg^jpy 
cntch any fish, except minnows, in the waters of Lake On- in certain 
tario, on the American side thereof for the distance of three Mbited. pr °" 
miles from the mouth of the Niagara river or Onondaga, 
Oneida, Seneca or Cross lakes, or in any of their outlets or 
tributaries, or in the American waters of the Niagara river 
above Niagara falls, in any way or manner, or by any 
device whatever, except with that of hook and line, and 
any person catching or killing any fish, except minnows, 
in any of the above named waters, shall be liable to a pen- 
alty of one hundred dollars for each and every offense. 
No person shall kill or catch, or attempt to kill or catch 
any fish, except minnows, bull heads, eels, suckers and 
catfish in any of the fresh waters, or in any of the canals 
of this State or in the American waters of the St. Lawrence 
river, in any way or manner, or by any device whatever, 
except that of angling with a hook and line, save only in 
i lie following waters, namely: The Hudson river below the Exceptions, 
dam at Troy,* and in Lake Ontario, except Great Sodus 
bay, Port bay, East bay, in the county of Wayne, Hender- 
son harbor, or Henderson bay, in the county of Jefferson;f 
and also except in Lake Champlain during the month of 
October and the first fifteen days of November; and also 
except in the waters of the Walkill river within the county 
of Ulster, wherein it shall be lawful for any person or per- 
sons of one and the same family or household to possess 
and fish for suckers and eels in the waters of said river 
during the months of March and April and October and 
November with a single fyke, the meshes of which shall 
not be less than one inch. And also except all that part of 
the waters of Lake Ontario, together with its bays and 
inlets, lying and being in the county of Jefferson, and in 
that part of Oswego county lying between its Jefferson 
•county line and the westerly line of the town of Mexico, 

* See chap. 247, Laws 1884. 

See chap. 522, Laws 18S6. 

See chap. 567, Laws 1870. 
t See chap. 141, Laws 1886. 



34 



The Game Laws of the 



Selling or 
having in 
posseeion. 



Penalty. 



Possession 
of nets on 
shore. 



Exceptions. 



Polluting 
streams. 



Penalty 



and within one-half mile of the outlet or mouth of Salmon 
river, saving and excepting the shoals adjacent to Hender- 
son bay, on the lake side from the main shore to and 
including Smoke island, except during the months of No- 
vember and December, which waters are hereby released 
from the opeiation of the provisions of sections twenty- 
three and twenty-six of the act hereby amended; provided 
further that in Black lake, Mud lake and Yellow lake, in 
St. Lawrence county, bull-heads, eels, suckers, cattish and 
pickerel may be kiled with a spear, except in the months 
of March, April and May. No person shall knowingly 
sell or purchase, or have in his or her possession, any fish 
killed, caught or taken from any such waters, contrary to 
the provisions of this section. And any person violating 
the provisions of this section shall be deemed guilty of a 
misdemeanor, and in addition thereto shall be liable to a 
penalty oi twenty-five dollars for each and every such 
offense. And all nets, seines, traps, weir or other devices 
forbidden by this section are hereby declared contraband, 
and any person finding the same in any place where they 
are forbidden is hereby authorized to destroy such con- 
traband article, and no action for damages shall lie against 
him for such destruction. (As amended by chap. 127, Laws 
1884.) 

^ 24. Any person having in his or her possession upon 
any of the waters of this State, or upon the shores of or 
islands in any waters of this State, inhabited by salmon, 
salmon trout, lake trout, black bass, Oswego bass, fresh- 
water striped bass or muscalonge, without the permission 
of the Commissioners of Fisheries, any snares, nets, stake 
poles or other device used in unlawfully taking such fish, 
shall be deemed guilty of a misdemeanor, and in addition 
thereto shall be liable to a penalty of twenty-live dollars, 
but nothing herein contained shall apply to that portion of 
the Hudson river south of the dam at Troy, or to Lake 
Ontario, or to the waters of tbe Walkill river in Ulster 
county. (As amended by chap. 11, Laws 1886.) 

§ 25. No person, association, company or corporation 
shall throw or deposit, or permit to be thrown or deposited, 
any dye-stuff, coal tar, refuse from gas houses, saw dust, 
lime or other deleterious substance, or cause the same to 
run or flow into or upon any of the rivers, lakes, ponds, 
streams, or any of the bays or inlets adjoining the Atlantic 
ocean within the limits of this State. Any person who 
shall violate this section, or any member of any such com- 
pany, association or corporation who shall authorize and 
direct any such violation, shall be guilty of a misdemeanor, 
and in addition thereto shall be liable to a penalty of fifty 



State of New York. 35 

dollars for each offense. But this section shall not apply 
to streams of flowing or tide water, nor to the town of 
French creek, in Chautauqua county, which constitutes the 
motive power of the machinery or manufacturing establish- 
ments, when it is absolutely necessary for the manufactur- 
ing purposes carried on in such establishments to run the 
refuse matter and material thereof into such stream. (As 
amended by chap. 430, Laws 1881.) 

See Cartioright v. Canandaigua Gas-liqlit Co., 32 Hun, 
403 (Supreme Court, 4th Dept., March, 1884). 

§ 26. No person shall fish in any of the waters or canals sizesof 
of this State with seines, gill net or fykes, the meshes of tykes 683 
which shall be less than two and one-half inches, except in 
the waters excepted in the first section of this act and ex- 
cept in the following waters : In the waters over which 
Richmond county has civil jurisdiction, the meshes shall 
not be less than two inches ; in the bays and salt waters. 
estuaries and rivers of Long Island, not less than two and 
one-half inches, but this prohibition shall not apply to nets 
used in taking "menhaden," nor to ponds where they are 
permitted by law; in Lake Erie and Lake Ontario, tlie^ er aiiowed 
meshes shall not be less than four and one-half inches; in^P rohib - 
the Hudson river between long dock at Piermont in the 
county of Rockland and the dam at Troy, the meshes shull 
not be less than two inches except seines, fykes or other 
nets used in catching bait fish; in Coney Island creek io 
the mouth thereof extending out into Gravesend bay on< j - 
half mile each way, the meshes of which shall be four 
inches square, except that for eel and flounder fishing, 
hoop nets, with suitable meshes, may be used within said 
bay between the fifteenth day of October and the first day 
of April. No person shall set or take any fish by any de- 
vice known as pound or trap-net, in the waters of Great 
South bay, except so much thereof as is within the juris- 
diction of Islip and not included in the Brookhaven and 
Smith patents, and the waters of Lake Erie, or bring any 
fish so taken in such waters to the shore, along the same, 
or be engaged in procuring or preparing for market any 
such fish or any part thereof, or exposing fish taken in 
such nets for sale, in the counties bordering on such waters. 
Nothing in this section shall be construed as permitting the 
drawing of seines in the waters of the Hudson between the 
upper dock at the village of Sing Sing and Croton landing, 
in the town of Cortland, nor in any of the waters between 
the above named points, nor in any portion of the Croton 
river, between the first day of June and the first day of 
October of any year, which drawing is hereby expressly 
forbidden, except that set nets and seines of meshes of one- 



36 The Game Laws of the 

half inch, may b^ used in any part of the Croton river and 
the bay in the Hudson river, lying between Croton point 
and the village of Sing Sing, from October first to May first 
of any year for the purpose of catching smelts and frost 
fish, but for no other purpose. Nor shall anything in this 
Exceptio-B section be construed to prevent setting of fykes in the Wal- 
ls; ill river in Ulster county, during the months of March 
Penalty. mid April and October and November. Any person violat- 
ing the provisions of this section shall be deemed guilty of 
a misdemeanor, and in addition thereto shall be liable to a 
penalty of fifty dollars. (As amended by chap. 237 of the 
Laws of 1885.) 
private § 27. Any owner or owners or lessee or lessees of land or 

park8 ' lands and water, whether such owner or owners, lessee or 
lessees be an individual or individuals, association or asso- 
e ations, society or societies, corporation or corporations, 
desiring to lay out, devote or dedicate such land or lands 
and water for the purpose of a private park or territory for 
Netice to be ] >ropagating or protecting fish, birds or game, shall publish, 
published. ., r \ eRS ^ once a week for three months, in a paper of general 
circulation printed within the county or counties within 
which such land or lands and water are situated a notice 
describing the same. And there shall be inserted in said 
notice so published a clause declaring chat such land or 
lands and water will be used as a private park lor the pur- 
pose of propagating and protecting fish, birds and game; 
and it shall be the duty of such owner or owners, lessee or 
lessees, at any time during the publication of said notice, 
or within six months after the final publication thereof, to 
sieiiboards post or put up notices or sign-boards warning all persons 
against trespassing upon such private territory, which 
notices or sign boards shall not be less than one foot square, 
and placed not more than forty rods apart along the entire 
boundary of said private park or territory, when the same 
shall consist entirely of land, and when said private park 
or territory shall consist of both land and water, the notices 
aforesaid shall be placed in conspicuous places upon said 
territory, so there shall be at least one notice or sign-board 
so placed or erected for every one hundred acres of said ter- 
ritory. And when the property to be protected shall con- 
sist of a lake or pond only, said notices shall be placed in 
at least four conspicuous places upon the shore of such lake 
or pond. But when said territory shall be enclosed by a 
Game in, to f ence or fences of reasonable capacity for protection of said 
property 6 premises, then notices or sign boards of the dimensions 
aforesaid shall be placed on said fence or fences not more 
than one-half mile apart. After any such territory shall 
be dedicated and designated as aforesaid, all fish, birds and 



State of New York. 37 

game, of, in or upon said territory shall be the property of 
the owner or owners, lessee or lessees thereof. (Amended 
by Laws 1880, chap. 531.) 

§ 28. After such grounds are inclosed in such manner asT ^ ng: etc -, 
to render such fish or game private property, no person from e 'private 
shall catch or take from or kill, any fish, birds or game, indued? 10 "'' 1 ' 
or upon said grounds, or the waters thereon, or put on such 
grounds, or in any such waters, any poisonous or other 
deleterious substance, or piscivorous fish, or let off the 
waters from said grounds, with intent to take fish, or to de- 
stroy the fish or eggs placed in such waters, or deface or 
destroy any sign or notice posted or put up as aforesaid; oran^SSscSIf 
place any object against or near such fence or inclosure, P rohlblted - 
with intent to aid dogs or other animals to get into said 
grounds, or to enable animals kept therein to escape there- 
from, or enter upon any such ground with the implements 
or weapons for catching, taking or killing fish, birds or 
game, with the intention of catching, taking or killing any 
fish, birds or game thereon. Any person found guilty of Pen aity. 
any offense against this section, shall be deemed guilty of a 
misdemeanor, and in addition thereto shall be liable to the 
owner or lessee in addition to the actual damages incurred, 
in exemplary damages to the amount of twenty-five dollars. 

§29. The commissioners of fisheries of this State a re Sign board8 
hereby required and directed to erect and maintain, at a ^t^ 5 flsh - 
distance of eighty rods from any fishway established or 
constructed by the State, in any stream or water-course 
within its boundaries, sign-boards, on which shall be plainly 
painted or inscribed the words following, to wit, "eighty 
rods to the fishway; all persons are by law prohibited from 
fishing in this stream between this point and the fishway; *' 
said signboard to be erected on both sides of the stream 
above and below the fishway. 

§30. No person shall catch, take or kill, or attempt i<> Fishing 
catch, take or kill, with any implements or device whatever, ^od^oflf 1117 
any fish within a distance of eighty rods from any fishery ^ l h e ib ^| ry 
established by the State, within any stream or water-coarse 
within its boundaries, or tear down or deface or destroy any 
sign-board put up by the commissioners of fisheries of this 
State. Any person violating any of the provisions of thisrenaity. 
section, provided the sign-boards mentioned in the preced- 
ing section shall have been erected and maintained as directed 
by this act, shall be deemed guilty of a misdemeanor, and 
in addition thereto shall be liable to a penalty of twenty - 
five dollars. 

§ 31. A State bounty of thirty dollars for a grown wolf, Knuntyfor 

tit ^"^ p wolvPfi Ann 

fifteen dollars for a pup wolf, and twenty dollars tor a pan- others. 
ther, shall be paid to any person or persons who shall kill 



38 



The Game Laws of the 



Proof. 



Bounty, how State 
paid. 



Hunting on 
Sunday pro- 
hibited. 



Penalty. 



Penalties, 
how recov- 
ered. 



any of said animals within the boundaries of this State. 
The person or persons obtaining said bounty shall prove the 
death of the animal so killed by him or them, by producing 
satisfactory affidavits, and the' skull and skin of said ani- 
mal, before the supervisor and one of the justices of the 
peace of the town within the boundaries of which the said 
animal was killed. Whereupon said supervisor and justice 
of the peace, in the presence of each other, shall burn and 
destroy the said skull, and brand the said skin so that it 
may 7 be thereafter identified, and issue to the person or 
persons claiming and entitled to the same, an order on the 
treasurer of the county to which said town belongs, stating 
the kind of animal killed, the date of killing of the same, 
and the amount of the bounty to be paid in virtue of the 
within section of this act, and the county treasurers of this 
are hereby authorized and directed to pay all orders 
issued as aforesaid; and all orders issued in the manner 
aforesaid, and paid by the treasurer of any county in this 
State, shall be a charge of said county against the State, the 
amount of which charge, on delivery of proper vouchers, 
the comptroller is hereby authorized and directed to allow 
in the settlement of taxes due from said county to the 

Slate. 

§ 32. There shall be no shooting, hunting, trapping or 
caging of birds or wild beasts, or having in possession in 
the open air for such purpose the implements for the shoot- 
ing, hunting, trapping or caging of the same, on the first 
day of the week, called Sunday: and any person violating 
either of the provisions of this section shall be deemed 
guilty of a misdemeanor, and in addition thereto shall be 
liable to a penalty of twenty-five dollars for every such 
offense. (See sees. 265, 269, Penal Code.) 

^ 33. All penalties imposed by this act may be recovered, 
with costs of suit, by any person in his own name, or by 
any society in its name, upon such society giving security 
for costs, before any justice of the peace in the county 
where the offense was committed, or in an adjoining 
county, when the amount does not exceed the jurisdiction 
of such justice, or when such suit shall be brought in the 
city of New York, before any justice of the District Court, 
or of the Marine Court of said city; and such penalties 
may be recovered in the like manner in any court of record 
in the State; but on recovery by the plaintiff in such case 
for a less sum than fifty dollars, the plaintiff shall only be 
entitled to costs to an amount equal to the amount of such 
recovery; and it shall be the duty of any district attorney 
in this Siate, and he is hereby required to prosecute, or to 
commence actions, in the name of the people of this State, 



State of New York. 39 

for the recovery of the penalties allowed hereby, upon re- 
ceiving^ proper information; and in all actions brought by 
such district attorney, one-half of the penalty recovered 
shall belong to persons giving information on which the 
action is brought, and the other half shall be paid to the 
treasurer of the county in which such action is brought. 
AH judgments recovered in pursuance of the provisions of h '^ g ^? nt8 ' 
this act, with the interest thereon, may be collected, and forced." 
the payment thereof enforced by execution against the 
person; and any person imprisoned upon any such execu- 
tion shall be so imprisoned for a period of not less than 
five days, and at the rate of one day for every dollar or 
fractional part thereof of such judgment and interest when 
the same exceeds five dollars; and such imprisonment shall 
not be satisfaction of such judgment; but no person shall 
be more than once imprisoned upon any snch judgment or 
execution, and two or more penalties may be included in 
the same action. 

§ 34. Any person who shall be found guilty of a misde- Misdemean- 
nreanor under any of the provisions of this act shall, upon "^ pun ' 
conviction, be jDunished by a fine of not less than five dol- 
lars, nor more than at the rate of one dollar for every 
dollar of the penalty provided by the sectiou so violated, 
when the same exceeds five dollars, or by imprisonment in 
the county jail or penitentiary for a period of not less than 
five days, nor more than at the rate of f one day for every 
dollar of any such penalty, or by such fine and imprison- 
ment, in the discretion of the court. 

§ 35. Courts of sj^ecial sessions in towns and villages, and courts, 
the several courts in cities having jurisdiction to try other 
misdemeanors, shall have jurisdiction to try offenders in 
all cases occurring under this act in the same manner as 
in other cases where they now have jurisdiction, and to 
render and enforce judgment accordingly. All fines recov- Fines, 
ered by the provisions of this act shall be paid over by the 
court receiving the same to the treasurer of the county 
wherein the offense was committed, except in the county 
of New York, and in the county of New York to the 
chamberlain in the city of New York, within ten days 
after their reception by such court, and such moneys shall 
be kept by such treasurer or chamberlain as a separate 
fund, to be applied to the enforcement of the provisions of 
this act, in such manner as the board of supervisors of the 
several counties, except in the city and county of New 
York, and in such city and county the board of aldermen 
may direct, either for the employment of special detectives 
or the payment of awards for the detection and arrest of 
offenders, and each of the boards of supervisors of this 



40 



The Game Laws of the 



Taxes. 



Duties of 
Bherlfl, etc 



Penalties for 
failure to act. 



Woodcock, 

partridge, 

grouse, 

squirrel, 

venison. 



Boards of su- 
pervisors to 
pass laws. 



To be pub- 
lished. 



State shall have power to raise by tax, in the same manner 
as other taxes are raised for county purposes such sum. 
not exceeding one thousand dollars in any year, as they 
shall deem proper to further aid in the enforcement of the 
provisions of this act. It shall be the duty of every sheriff, 
under-sheriff, deputy sheriff, officer of police or policeman, 
and of every constable and every game constable, and every 
bay constable to arrest, wherever found within this State 
without warrant, any person whom they shall find violat- 
ing any of the provisions of this act, and immediately to 
bring such offender before the nearest magistrate having 
jurisdiction of the offense for examination and for trial. 
Any officer or magistrate who shall neglect or refuse dili- 
gently to enforce the provisions of this act, upon proper 
information and complaint, shall be deemed guilty of a 
misdemeanor, and shall be punished by a line or imprison- 
ment, or by both such line and imprisonment in the dis- 
cretion of the court. 

§ 36. Any person may sell or have in possession any hare 
or rabbit or any woodcock, any ruffled grouse commonly 
called partridge, any pinnated grouse commonly called 
prairie chicken, and any black or gray squirrel during the 
month December, and any quail from the first day of Janu- 
ary to the first day of February and any fresh venison 
from the fifteenth day of November to the fifteenth day of 
December and shall not be liable for any penalty under this 
act, provided he proves that such game was lawfully killed 
during the periods allowed by this act and not transported 
contrary to the provisions thereof. (As amended by chap. 
194, Laws 1886.) 

?J 37. It shall be lawful for the board of supervisors of 
any county, at their annual meeting, to make any regula- 
tions or ordinances protecting other birds, fish or game than 
those mentioned in this act, and also for the further pro- 
tection of such birds, fish or game as are in this act men- 
tioned, except wild deer, and to this end to prohibit hunting 
or fishing in particular localities or waters lying within their 
respective counties, for limited periods and during certain 
months of the year, and to prescribe punishments and 
penalties for the violation thereof, and adopt all necessary 
measures for the enforcement of such punishment and t he 
collection of such penalties. And such regulations and 
ordinances shall be published in the papers in such county 
in which the session laws are published; and a certified 
copy thereof shall be filed in the office of the clerk of the 
county; provided, however, that nothing herein contained 
shall be construed as conferring upon the board of super- 
visors of any county the right or authority to prohibit the 



State of New Yoke. 41 

owner or owners, in whole or in part, of lands and waters 
wholly private, or the lessee or lessees thereof, whether such 
owner or owners, lessee or lessees be an individual or indi- 
viduals, association or associations, society or societies, cor- 
poration or corporations, from angling and taking fish in a 
lawful manner during the months now allowed by the laws 
of this State. This act is intended to apply only to such 
owner or owners, in whole or in part, of lands and waters, 
or the lessee or lessees thereof, who shall have complied 
with the provisions of section twenty-seven of said chapter 
five hundred and thirty-four of the Laws of eighteen hun- 
dred and seventy-nine, and the acts amendatory thereof. 
(As amended by chap. 212 of the Laws of 1884.) 

§ 38. It shall be lawful for the boards of supervisors^ of Sl 8 con " 
the several counties of this State, except as by this section 
hereinafter further provided as to the county of Kings, by 
the affirmative vote of a majority of the members elected, 
at a regular meeting of such boards, respectively, to author- 
ize the election in each or any of the towns or cities of their 
respective counties of one or more officers to be designated 
game constable, who shall be chosen at town meetings as other 
town officers are chosen, and hold office for the term of one 
year; and he or they shall take the oath of office the same, 
and be invested with and have the same powers in serving- 
process under this act, that town constables now possess in 
serving civil process; but such game constable for the entire 
county of Kings may be appointed by the board of super- ^| t 8 y< 
visors at any regular meeting, and he or they shall hold 
office to the last day of December next after his appoint- 
ment, and until his successor shall be appointed and quali- 
fied; and all suits prosecuted by such game constable for 
the county of Kings, for penalties under the provisions of 
this act, may be prosecuted in the county court of Kings 
county, or in the city court of Brooklyn; and in case a re- 
covery shall be had in such suits for less than fifty dollars, 
the plaintiff shall be entitled to costs to the amount of such 
recovery. Warrants of arrest may be issued by such courts Duties and 
in such actions prosecuted by the game constable of Kings pov 
county, as in cases provided for by section one hundred and 
seventy-nine of the Code of Procedure, except that no un- 
dertaking shall be required on behalf of the plaintiff, and 
the judgments may be enforced by execution against the 
person, and the sheriff of said county shall not be entitled 
to any deposit or pay from the plaintiff under the provis- 
ions of chapter eight hundred and thirteen of the laws of 
eighteen hundred and sixty-nine. It shall be the duty of 
the game constable, after reliable information, to prosecute 
all violations of this act, and he shall receive snch compen- 



42 



The Game Laws of the 



Courts that 
can issue 
warrants. 



sation for his services as is allowed by law for like services 
to constables of towns, and also one-half of all penalties re- 
covered by him for violations of this act. In cases of neg- 
lect or refusal of any game constable to prosecute any such 
violation, he shall forfeit the penalty of twenty-live dollars, 
to be sued for and recovered as specified in this act. When- 
ever any game constable shall fail to recover the penalty in 
any prosecution commenced by him pursuant to this sec- 
costsofsuit. tion, the cost of suit incurred by him shall be charged 
against the county, and it shall be the duty of the board of 
supervisors of the county to audit and allow the same, as 
other county charges are audited and allowed. 

§39. Any justice of the marine or district court in the 
city of New York, or any justice of the peace, police or 
other magistrate, upon receiving sufficient security for costs 
on the part of the complainant, and sufficient proof by affi- 
davit that any of. the provisions of this act have been vio- 
lated by any person being temporarily within its jurisdic- 
tion, but not residing there permanently, or by any person 
whose name and residence are unknown, is hereby author- 
ized to issue his warrant lor the arrest of such offender, and 
to cause him to be committed or held to bail to answer the 
charge against him: and any such justice or magistrate, 
upon receiving proof or probable cause for believing in the 
c ncealment of any game or fish mentioned in this act, and 
taken during any of the periods prohibited, and upon the 
complainant's giving security, to be approved by such 
magistrate, for the damage which the defendant in the case 
may sustain in consequence of the complaint, provided he 
shall be found not to have violated the law, shall issue his 
search warrant and cause search to be made in any house, 
market, boat, car or other building, and for that end may 
cause any apartment, chest, box. locker, crate or basket to 
be broken open and the contents examined. 

.^ 40. All acts and parts of acts for the preservation of 
wild deer, birds, fish and game, including section 2 of chap- 
ter 183 of the Laws of 1875, are hereby repealed, except 
such acts and parts of acts as relate to the commissioners 
of fisheries, and the establishment of fishways, the con- 
struction of dams across the rivers of this State, the protec- 
tion and preservation of shell fish, the incorporation of any 
company for the protection and propagation of fish and 
game, the election of bay constables, the laws conferring 
upon the boards of supervisors special powers to legislate 
for the protection of fish, birds and game, and the laws 
regulating shad fishing ; saving, nevertheless, so much of 
said act as may be necessary to sustain any right of recov- 
ery or condition thereunder for actions or prosecutions 
heretofore commenced. 



Search war 
rants. 



Repeal. 



State of New York. 43 

£ 41. One moiety of the penalties hereinbefore prescribed, ? ena '* ie .^ , 

-K 11 u — • i ii- • is • n i ' how divided. 

shall be given to the informant, upon conviction of the 
offender or offenders, and the collection thereof. (Added 
by chap. 121, Laws 1885.) 

§ 41. It shall be lawful to fish through the ice and to take i-ake Kenka 
fish, except trout and black bass, with spear and set lines SjSaWta. 
in the waters of Lake Keuka and of Canandaigua lake. 
(Added by chap. 267, Laws 188^'.) 

^ 6. Any action brought or prosecuted by any district constables, 
attorney pursuant to the provisions of the act hereby 
amended, may be discontinued by such district attorney, 
and neither costs nor disbursements in such action shall be 
recovered by any defendant therein. (Sec. 6 of chap. 531, 
Laws of 1880.) 

§ 7. No person shall fake, catch or kill any California California 
trout, in any of the waters of this State, in any way or by trout 
a-uy device, between the fifteenth day of May and the first 
day of September. No person shall knowingly sell or pur- 
chase or have in possession any California trout, killed,, 
taken or caught in the waters of this State during the period 
aforesaid. Any person violating the provisions of this renaity. 
section shall be deemed guilty of a misdemeanor, and in 
addition thereto shall be liable to a penalty of twenty-five 
dollars for each offense. (Sec. 7 of chap. 531, Laws 1880 ; 
see sec. 19 as amended.) 

§2. Game constables, constables, sheriffs and deputy ^Is^sher- 
sheriffs, shall have the same powers as are conferred upon iff*, etc' 
game protectors for the enforcement of the provisions of pov 
chapter five hundred and thirty four of the Laws of 
eighteen hundred and seventy-nine and the amendments 
thereto, and shall be entitled to the same fees therefor. 
(Sec. 2 of chap. 429, Laws 1886.) 



AN ACT FOE THE APPOINTMENT OF FISH AND 
GAME PROTECTORS. 

Chapter 591 of the Laws of 1880,- as amended by chapter 
317 of the Laws of 1883, entitled- "-An act for the 
appointment of Game and Fish Prrotectors" passed 
June 26, 1880.' 

Section 1. The governor is hereby authorized, upon the Game Pro- 
passage of this act, to appoint eight, and he may in hi s tectors - 
discretion increase the number of said appointments to NU mberof. 
sixteen persons, to be known as game and fish protectors, 
whose duty it shall be to enforce the statutes for the preser- 
ve tion of moose, wild deer, birds and fish, or any other 
game laws, and to bring, or cause to be brought, actions and 



44 The Game Laws of the 

2cti y on8 iDg proceedings in the name of the people of the State, to 
recover any penalties or amounts, or to punish any parties 
for the violation of said statutes or laws. Such actions 
may be brought in the name of the people in the like cases, 
in the same courts and under the same circumstances as 
they might now or may hereafter be brought by any indi- 
vidual under or by virtue of any existing or hereafter 
enacted statute, for the protection of deer, game and fish, 
or any of them. Such protectors and their successors, 
Terms of who shall be appointed by the governor, shall hold office 
for three years from the date of their appointment. All 
vacancies, vacancies shall be filled by the governor. The district 
District at- attorney of any county of this State shall, upon the request 
of any one of such protectors, commence and prosecute to 
termination, in the name of the people, actions and pro- 
ceedings against any person reported to him by such pro- 
tector to have violated any such statute or laws, for the 
recovery of the penalty for violation thereof, or for the 
witnesses punishment of the person violating the same. Witnesses' 
fees and <hs- anc [ other fees and disbursements and full costs shall 

bursements. ..,,,. . -, ,. <. i i 

be included in any judgment in favor or the people 
at the rates fixed by section three thousand two hundred 
and fifty-one of the Code of Procedure, without reference 
to the amount of recovery. All money necessary for wit- 
nesses' fees and disbursements in any such action shall, on 
the requisition of the district attorney, be advanced by, and 
all moneys, except costs, which shall belong to the district 
attorney, recovered in any action, and all fines collected 
shall be paid to the treasurer of the county in which the 
actions or proceedings shall have been commenced ; and the 
district attorney or treasurer of such county, upon the pay- 
ment of any judgment, may satisfy the same of record, as the 
Recoveries attorney for the people. One- half of all moneys thus paid 
how divided. - nto an ^ T eount y t reasur y ) 0V er and above the amount neces- 
sary to reimburse the county for any outlays or expenses 
paid out by the county treasurer under this act, shall be 
paid on or before the thirtieth day of September in each 
year into the State treasury, and become and be part of the 
general fund. And the remaining one-half of all such 
moneys, over and above the amount necessary to reimburse 
the county for any outlays or expenses paid out by the 
county treasurer, under this act, shall be paid to and belong 
to the game and fish protectors who bring, or cause to be 
brought, the action or proceeding in which such fine or pen- 
alty shall be recovered, and shall be paid to him by the 
county treasurer within thirty days after the same shall be 
received by him from the district attorney, upon the cer- 
tificate of the district attorney that such action or proceed- 



State of New York. 45 

ing was brought, or caused to be brought, by such game 
and fish protector. (Chap. 317, sec. 1, Laws 1883.) 

§ 2. Any net, pound or other means or device for taking £| t8, b c e *& 
or capturing fish, or whereby they may be taken or cap- ™trJyed. e " 
tured, set, put, floated, had, found or maintained in or upon 
any of the waters of this State, or upon the shores of or 
islands in any of the waters of this State, in violation 
of any existing or hereafter enacted statutes or laws for the 
protection of fish, is hereby declared to be and is a public 
nuisance, and may be abated and summarily destroyed by 
any person, and it shall be the duty of each and every pro- 
tector aforesaid, and of every game constable, to seize and 
remove and forthwith destroy the same, and the expense of 
any seizure, removal and destruction of such net, pound or 
other means or device as aforesaid, shall be a county charge 
against the county in which the same shall have been so 
seized, and shall be paid as other county charges are paid, 
on the certificate, which shall be final, of such protector, 
which certificate shall state the time and place of such 
seizure and destruction, the names of the persons employed 
therein, the time spent thereabout, and the money advanced, 
if any, and to whom, and shall be verified by the oath of 
such protector or person as aforesaid making such seizure 
and destruction ; and no action for damages shall lie or be 
maintained against any person for or on account of any 
such seizure or destruction. (Sec. 2, chap. 317, Laws 1883.) 

§ 3. The said protectors, or any one of them, may, with- Arrests 
out warrant, arrest any person violating any of the provi-rant. outwar " 
sions of any statute now or hereafter enacted and in force 
at the time for the protection of moose, wild deer, birds 
and fish, or any of them, and take such person before a 
justice of the peace or police justice, or other magistrate 
having jurisdiction, who shall proceed without delay to 
hear, try and determine the matter, and give and enforce 
judgment according to the allegations and proofs. (Sec. 3, 
chap. 591, Laws 1880.) 

§4. The traveling expenses, not to exceed two hundred fxp a e 7ses! d 
and fifty dollars for each of such protectors in an y one year, 
to be audited by the comptroller of this State before pay- 
ment, and an annual salary of five hundied dollars, shall 
be paid to each protector by the treasurer of the State, out 
of anv moneys not otherwise appropriated. (Sec. 4, chap. 
519, Laws 1880.) 

§ 3. It shall be the duty of each of the several game andGnmepro- 

t t tcctors to r6' 

fish protectors appointed or who may be appointed under port, 
this act, to file in the office of the State comptroller, during 
the month of December in each year, an account stating 
the days and parts of days spent in the discharge of his 



46 



The Game Laws of the 



Gamt pro 
tectors under 



fisheries. 



Reports. 



duty as such protector, the kind of service rendered on 
such days or parts of days, and the place or places where 
rendered, and the expenses paid or incurred in the time of 
the discharge of such duties ; which statement shall be 
verified by the oath of such protector, stating that the same 
is correct and true in every particular. (Sec. 3 of chap. 
317, Laws 1883.) 

§4. For the purpose of the more effectual enforcement 
supervision of the provisions of this act, the game and fish protector 

oi commie- *- or 

sof shall be subject to the supervision and direction of the 
commission of fisheries, who shall divide the territory of 
the State into protection districts, and shall assign to each 
protector his district, and shall have authority also, to 
assign for temporary duty in any district,. a protector from 
any other district. The said commissioners shall require of 
each protector, at the close of each calendar month, a report 
in writing, and in detail, stating the service performed by 
each protector during the last preceding month, including 
an account of the suits commenced at his instance, the dis- 
position made of such suits, the result of any brought to 
trial 'and the condition of any undisposed of; and no paA 
men t for services performed, or traveling expenses paid by 
any protector shall be made until the claimant shall pre- 
sent to the comptroller, in addition to the usual oath of 
performance and payment, a certificate from the said com- 
missioners that he has made the report required by this 
act. and has in all other respects faithfully performed his 
official duty. The commissioners of fisheries shall report 
to the governor all cases of dereliction or neglect of dut^ 
of any protector which shall come to their knowledge, 
together with such evidence as they may have touching 
the case, and the governor shall have authority to remove 
from office any protector so reported to be delinquent, after 
giving him an opportunity to be heard in his defense. 
(Sec. *4 of chap. 317, Laws 1883.) 



Removal of. 



Established. 



COMMISSIONERS OF FISHERIES AND FISH 
PROPAGATION. 

Chap. 283, Laws 186$, as ainciided. 

AN ACT to appoint Commissioners of Fisheries for tie 
State of New York. 

Section 1. A commission of fisheries for the State of 
New York is hereby established. 

§ 2. It shall be the duty of the commissioners to examine 
the various rivers, lakes and streams of the State of New 



State of New York. 47 

York, and the waters adjoining the same, with a view otputyoftoes- 
ascertaining whether they can be rendered more productive hatcheries, 
offish, and what measures are desirable to effect this object, 
either in restoring the production of fish in them, or in 
protecting or propagating the fish that at present frequent 
them, or otherwise; and such commissioners shall report 
the result of their labors, and any recommendations they 
may have to offer, at the next meeting of the Legislature of 
this State. (Chap. 285, Laws 1868.) That it shall be the 
duty of the commissioners, in addition to the duties im- 
posed, upon them by said act, to establish the artificial 
'propagation of shad, wdiite fish and salmon trout, in tlie 
waters of this State, at such point or points as they may 
select, and to employ the necessary labor to conduct the 
same, and to take such other steps toward improving the 
fisheries of this State as they shall think advisable, at an 
expense in all, however, not to exceed the sum hereby ap- 
propriated. (Added by chap. 567, Laws 1870.) It shall be Examine 
the duty of the commissioners of fisheries of the State of 8t 
New York, to examine the streams of water in the various 
counties of this State and to take reasonable steps for the 
propagation of trout, in such streams as in their judgment: 
can be rendered more productive. (Added by chap. 301), 
Laws 1879.) 

§ 3. Horatio Seymour, Seth Green and Robert B. Rose commission. 
velt are appointed commissioners under this act, to hold erSDamed - 
office for two years, and a sum of one thousand dollars is 
appropriated for their necessary expenses in carrying this 
act into effect, which the treasurer shall pay to them on 
the warrant of the comptroller, from time to time, as their 
vouchers for such expenses shall be exhibited and ap- 
proved. (Sec. 3 of chap. 285, Laws 1868.) All vacancies vacancies. 
occurring in said commission shall be filled by the governor 
of the State, and the term of office is hereby extended three 
years, the commissioners being required to report yearly 
on the condition of the fisheries of the State and the ma t- 
ters under their charge. (Sec. 2 of chap. 567, Laws 1870.) 
The fishery commission of the State of New York, created 
by act passed April twenty-second, one thousand eight 
hundred and sixty-eight (Laws 1868, chap. 285), is con 
tinued, with the powers conferred upon them by said act. 
The commissioners to receive no salary, and to expend on 1 y salary. 
such sums as have heretofore been appropriated or shall 
hereafter, from time to time, be appropriated for such pur- 
pose. (Sec. 1 of chap. 74 of the Laws of 1873.) The gov- 
ernor is authorized to appoint a resident of the counties of erftomn-si 
either Kings, Queens or Suffolk an additional member of Kings, " " 
the commissioners of fisheries of the State of New York, suffo?k. an 



48 



The Game Laws of the 



Shad. 



Penalty. 



Suits and 
penalties. 



Judgments, 
how en- 
forced. 



Nets to be 
confiscate! 



Suits. 



and to supply his place, should a vacancy occur therein, 
as provided in chapter 567 of the Laws of 1870. (Sec. 2 of 
chap. 309 of the Laws of 1879.) 

§ 3. No person shall take from the Hudson river any 
shad at any other time than between the fifteenth day of 
March and the fifteenth day of June in each, and every 
person who shall at any other time, take any shad, or 
set or draw any net or seine in said river, or aid or assist 
therein, for the purpose of taking shad, shall forfeit the 
sum of one hundred dollars to the treasury of the State, 
and their nets shall be confiscated; provided that nothing 
in this section shall apply to taking of fish by orders of 
the commissioners for the purpose of artificial or natural 
propagation of the same, or when the parties, authorized 
to take fish contrary to the provisions hereof, have stipu- 
lated to hatch fish under the directions of the commis- 
sioners. (Sec. 3 of chap. 567, Laws 1870.) 

§ 5. All penalties imposed under the provisions of this 
act may be recovered, with costs of suit, by the commis- 
sioners of fisheries in their official name, or by any person 
or persons in his or their own names, by suit in the supreme 
court or any courl of record in this State. On the 'non- 
payment of any judgment, when recovered in pursuance 
hereof, the defendant shall be committed to the common 
jail of the county, for the period which shall be computed 
at the rate of one da\ for each dollar of the amount of the 
judgment. (^><\ 5, Laws of L870, chap. 567.) 

§ 6. When any pound, weir, <>r net is liable to be confis- 
cated under any provisions of this act, it shall be the duty 
of the Commissioners either to take possession of the same 
and employ the necessary agents therefor, subject to an 
action against them in their official capacity, by any claim- 
ant or claimants, on the ground that the same was not 
liable to confiscation, or they may institute a suit in the 
Supreme Court, or any coin! of record, for the confiscation 
of said pound, weir or net. in which case the said court 
in iv issue a warrant directing tin- sheriff to attach and 
safely hold such pound, weir or net, until said action shall 
be determined, and the suit shall be tried and judgment 
rendered according to the practice usual in cases of an 
analogous character. (Sec. 6, Laws 1870. chap. 567.) 



Chap. 533 of* the Laws of" 1875. 

AX ACT making an appropriation for the purpose of re- 
stocking the public streams of this State with speckled 
trout and other fish. 



Section 1. The sum of fourteen thousand dollars, or so 



State of New York. 49 

much thereof as shall be necessary, is hereby appropriated 
out of the general fund to enable the commissioners of 
fisheries of this State to construct on land, to be purchased 
therefor, suitable buildings, fixtures and ponds, for the 
purpose of hatching and rearing speckled trout and other 
fish, to be used in stocking the public streams of this State 
with such fish, and to be distributed for the public benefit 
under such regulations as such commissioners shall pre- 
scribe. 

§ 2. The said commissioners shall account to the comp- 
troller for all expenditures they may make under the pro- 
visions of this act. * 

§ 3. This act shall take effect immediately. 

Chap. 32© of the Laws of 1884. * 

AN ACT to establish a fish hatchery in the Adirondack 

forest. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. The commissioners of fisheries are hereby 
authorized and directed, as soon as possible after the pas- 
sage of this act, to erect a fish-hatching establishment at 
some convenient point in the Adirondack forest, to be 
selected by said commissioners, for the purpose of restock- 
ing the lakes and streams of said forest with trout and other 
fish natural to that locality, and stocking such other streams 
as the commissioners may deem necessary. 

§ 2. The treasurer shall pay to the commissioners of 
fisheries, upon the warrant of the comptroller, the sum of 
five thousand dollars, or so much thereof as may be neces- 
sary, which sum is hereby appropriated for the purpose of 
this act. 

§ 3. This act shall take effect immediately. 

Chap. 85, Laws 1885. 

AN ACT to grant the use of certain state lands for the pur- 
poses of the Adirondack fish hatchery. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. The lands belonging to this state, known as 
lots number four, five and six, in township twenty of great 
lot number one, Macomb's purchase, in the county of 
Franklin, on which has been located, pursuant to chapter 
three hundred and twenty of the laws of eighteen hundred 



50 The Game Laws of the 

and eighty four, the Adirondack fish hatchery, are hereby 
appropriated to the use of such hatchery ; but no standing 
timber shall be cut on such lots except such as shall be 
needed for building purposes and for fire-wood for such 
hatchery. 

§ 2. The lands mentioned in the first section of this act, 
shall be in the care of the commissioners of fisheries, and 
no person shall be permitted to fish in the waters of Little 
Clear pond, nor in its outlet, nor in any other waters on 
such lands, nor to enter on the same for the purposes of 
fishing without the consent or by the direction of the com- 
missioners of fisheries ; but the said waters shall be held by 
the said commissioners solely as reservoirs for breeding fish, 
and nurseries for young fish, and for experimental purposes 
in the business of fish culture. 

.< 3. Whoever shall violate any of the provisions of the 
second section of this act shall forfeit a penalty of fifty 
dollars for each offense, to be sued for and recovered with 
costs of suit, by Me- said commissioners, in any court of 
competent jurisdiction in the county of Franklin, and the 
penalties recovered shall be paid into the state treasury. 

§ 4. This net shall take effeel immediately. 



SHELL FISH. 



The laws for the protection of shell fish are so numerous 
and local in their character that reference is made to them 
by chapter, year and title only. For further particulars, 
the Session Laws must be consulted. The following are the 
laws on the subject unrepealed by the general law of 1879, 
or by other statutes. 

Laws 1831, chap. 203. — "An act to restrain the taking of 
oysters in the Hudson river." 

Restrains the taking of oysters from the Hudson river, 
north of the county of New York, during the months of 
May, June, duly of August, and prohibits their being taken 
to another State for replanting. 

Laws of Lb59, chap. 468.-^"An act in relation to the 
planting of shell fish in the waters of Jamaica bay. and 
creeks adjoining, of the county of Queens.'* 

Laws 1863, chap. 493. — "An act for the protection of the 
planting of oyster in the towns of Hempstead and Jamaica, 
county of Queens, New York." 

Laws 1865, chap. 343. — "An act for the protection of the 
planting of oysters in the county of Queens, New York." 
(Amended by Laws 1866, chap. 399; Laws 1870, chap. 93; 
Laws 1879, chap. 4<>2.) 



Several laws for the preservation of shell fish, and all 
penalties for violations of the same, are repealed by Chap. 
593, Laws 1886. 

The laws repealed are incorporated in the Penal Code; 
section 155 of which prescribes the punishment where the 
penalties have been repealed. 



State of New York. 51 

Laws 1866, chap. 306.— "An act for the protection of the 
planting of oysters in the towns of Islip and Huntington, 
county of Suffolk, New York. (Amended by Laws 1872, 
chap. 666; Laws 1880, chap. 240.) 

Laws 1866, chap. 404.— "An act for the better protection 
of the planting of oysters in the waters .of Richmond county 
and of this State surrounding said county, and to regulate 
oystering and clamming upon beds of natural growth 
therein." 

Laws 1866, chap. 753.— "An act to prevent the unlawful 
taking of oysters planted within the waters of the State of 
New York.' 1 (See sec. 441, Penal Code.) 

Laws 1870, chap. 234.— "An act for the preservation of 
shell fish in the waters of South bay in Suffolk county,' 1 
(Amended by chap. 89, Laws 1875.) 

Laws 1871, chap. 639.— "An act to regulate and protect 
the planting of oysters in the public waters of the towns of 
Jamaica and Hempstead, in the county of Queens." (See 
Laws 1872, chap. 667.) 

Laws 1874, chap. 549.— "An act to provide for the plant- 
ing and protection of oysters in those portions of the Great 
South bay, lying in the town of Islip, Suffolk county, 
wherein the taking of clams cannot be profitably followed 
as a business. (See chap. 142, Laws 1878.) 

Laws 1878, chap. 302. — "An act in relation to the taking 
of clams, oysters and shell fish within the waters of this 
State, and dredging for the same." (Amended, chap. 87, 
Laws 1879; chap. 178, Laws 1882; see sec. 442, Penal Code.) 

Laws 1879, chap. 384. — "An act to regulate the planting 
of oysters in the public waters of the town of Hempstead, 
in the county of Queens." 

_ Laws 1879, chap. 251.— "An act to authorize the forma- 
tion of corporations in the county of Suffolk, for the pur- 
pose of promoting the planting, cultivation, taking up and 
protection of oysters in said county." 

Laws 1880, chap. 282. — "An act for the preservation of 
lobsters." 

Section 1. Whoever shall sell, or offer for sale, or have 
in possession with intent to sell, any lobster less than ten 
and one-half inches in length, measurement to be taken 
from one extremity of the body to the other, exclusive of 
claws or feelers, shall, for every such offense, be subject to 
a fine of five dollars; and in all prosecutions under this act 
the possession of any lobster not of the length herein pre- 
scribed, shall be •prima facie evidence to convict. 

§ 2. All forfeitures accruing under this act shall be paid 
one-half to the person making the complaint, and one-half 
to the city or town where the offense was committed. 



52 The Game Laws of the 

Laws 1880, chap. 453. — "An act to regulate the taking of 
clams and oysters in the waters of the State of New York, 
on the south side of Staten Island." 

Chap. 704, Laws 1881. — "An act for the sale of oysters in 
all the cities and counties of the State of New York, and 
the better protection of the retail dealers in the same." 

Oysters may be sold in the shell by count or measure, but 
those not sold by count shall be sold in a stave measure, 
dimensions of which are provided, as follows : Bottom to be 
sixteen and one-half inches across from inside to inside; 
top to be eighteen inches across from inside to inside, and 
twenty-one inches diagonal from inside chine to the top, 
and shall be by even or struck measure, and to be inspected 
and sealed under penalties provided. But the act does not 
affect the shipment to Europe of oysters by the barrel. 

Laws 1884, chap. 385. — "An act to cede lands under water 
of Gardiner's and Peconic bays to Suffolk county, Long 
Island, for the cultivation of shell fish." 

Chap. 300, Laws 1886. 

AN ACT for the protection of the natural oyster beds 
located in the waters of the State of New York. 

The Peoph of tin- stale of New York, represented in 
Senate and Assembly, do enact as follows :\ 

Section 1. It shall not be lawful for any person or per- 
sons, corporation or corporations, to place, or cause to be 
placed, in any manner whatsoever, in any waters within the 
jurisdiction of the State, any sludge acid or other refuse 
matter, resulting from the manufacture, or process of man- 
ul'act lire, or treatment of crude or refined material from any 
oil refiner;* or oil works, any sugar refinery or sugar works, 
or from any gas house, or building or buildings used for 
the making of gas. or to deposit in said waters any sub- 
stance injurious to oyster culture, provided, however, that 
nothing in this section shall be held to apply to any refuse 
from the manufacture or handling of crude or refined oil 
and guano made from menhaden or other oil-bearing fish. 

§ 2. It shall not be lawful to throw or cause to 1 ie thrown 
from any boat, scow or vessel whatsoever, into the waters 
of Long Island Sound or into the bays and harbors opening 
into the same, west of a line drawn from Eaton's Neck, due 
north to the boundary line between New York State and 
the State of Connecticut, any cinders, ashes, refuse or 
garbage. 

§3. Any i^erson or corporations violating the provisions 
of either of the foregoing sections of this act shall be 
adjudged guilt}* of a misdemeanor. 



State of New York. 53 

§ 4. The oyster commissioner is hereby authorized to 
appoint a person, who shall be known as the State Oyster 
Protector, whose duty it shall be to patrol, under the direc- 
tion of said oyster commissioner, the oyster regions of the 
State, for the purpose of enforcing the provisions of this 
act, and, in a general manner, guarding the oyster property 
of the State. The salary of said protector shall be one 
thousand dollars per year, and his salary shall be paid in 
the same manner and he shall be in all respects on the same 
footing as the game and lish protectors of the State, 
appointed under chapter five hundred and ninety-one, Laws 
of eighteen hundred and eighty. Besides his salary the 
protector shall be allowed his actual traveling and inci- 
dental expenses, not to exceed two dollars per day, and the 
oyster commissioner may, at his discretion, allow the said 
protector an assistant, who shall be paid at the rate of two 
dollars and fifty cents per day for the time of actual 
service. 

§ 5. This act shall take effect immediately. 

Chap. 423, L,aws 1886. 

AN ACT making an appropriation for the payment of the 
salaries and expenses of the State oyster protector and 
assistant as provided by chapter three hundred of the 
Laws of eighteen hundred and eighty-six. 

Passed May 19, 1886 ; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as folloios : 

Section 1. The sum of seventeen hundred and fifty dol- 
lars is hereby appropriated out of any moneys in the 
treasury, not otherwise appropriated, for the payment of 
the salaries and expenses of the State oyster protector and 
assistant, as provided by chapter three hundred of the Laws 
of eighteen hundred and eighty-six, said protector and 
assistant being appointed by Eugene G. Blackford, one of 
the commissioners of fisheries, designated as oyster com- 
missioner by the State commissioners of fisheries. 

§ 2. This act shall take effect immediately. 

New York City Laws. 

Some of the laws regulating oyster fishing and cultiva- 
tion, in and about New York city, are found in the New 
York City Consolidation Act of 1882; chapter 41 0, Laws 
1882, at sections 767, 768, 769, 770, which regulates the 
taking and planting of oysters in the Harlem river and the 
maintenance of private beds, with penalties and procedure. 



54 The Game Laws of the 

Penal Code. 

Section 441. A non-resident taking or planting oysters 
for his own or benefit of a non-resident employer, is guilty 
of a misdemeanor. Penalty, fine of $100, or six months' 
imprisonment, or both. 

§ 442. Dredging for oysters by steam or with a dredge 
weighing over thirty pounds prohibited and made a misde- 
meanor. 

§ 640. subd. 8. To take or carry away by any means the 
oysters or shell fish of another, legally planted, Or to 
remove, pnll up or destroy any stake designating or mark- 
ing out the legally planted oyster bed of another, is a mis- 
demeanor. Penalty, $250 fine, or six months' imprison- 
ment, or both. 

FISHWAYS. 
Chap. .1.1.1 of the Law* of 1870. 

AN ACT to provide for the construction of fishways in the 
Slate dams at Troy and Fort Miller. 

Section |. It shall be the duty of the canal commission- 
ers of this State to cause to be constructed and maintained 
in the State dams across*the Hudson river at Troy and Fort 
Miller, in such a manner as not to injure the said dams, 
fishways, al leasl one foot in depth al the edge of the dams, 
and of proper width to allow all fish endeavoring to migrate 
to the waters of the said river above the dam to pass over 
the same. The said fishways shall be placed at an angle of 
not more than thirty degrees, and extend entirely to the 
running water below the dams, and they shall be protected 
on each side by an apron at leasl one foot in heighl to con- 
fine the waters therein. The said fishways shall be con- 
structed under the supervision of the fish commissioners of 
this State, and be located at such places in said dams, and 
built in such manner and of such materials as they may 
direct. 

§ 2. Appropriation. 

| 3. This act shall take effect immediately. 

€hap. 2.12 of the Laws of" 1880. 

"AN ACT to provide for the construction of fishways in 
the State dams across the Oswego, Oneida and Seneca 
rivers." 

Section 1. It shall be the duty of the superintendent of 
public works of this State, to cause to be constructed and 
maintained, in all the State dams across the Oswego, Oneida 



State of New York. 55 

and Seneca rivers, in such manner as not to injure the said 
dams, fishways at least one foot in depth at the edge of the 
dams, and of proper width to allow all lish endeavoring to 
migrate to the waters of said rivers above the dams to pass 
over the same. The said fishways shall be placed at an 
angle of not more than thirty degrees, and extend entirely 
to the running water below the dams, and shall be protected 
on each side by a gunwale of at least one foot in height to 
confine the waters therein. The said fishways shall be con- 
structed under the supervision of the superintendent of 
public works, and be located at such places in said dams 
and built in such manner and of such materials as he shall 
direct. 

§ 2. Appropriation. 

§ 3. This act shall take effect immediately. 

Chap. 501 of the Laws of 1884. 

AN ACT to provide for the construction of fishways in the 
State dams across the Oswego and Seneca rivers. 

The People of the State of Neio York, represented in 
Senate and Assembly, do enact as folloios : 

Section 1. It shall be the duty of the superintendent of 
public works of this State to cause to be constructed and 
maintained in all the State dams across the Oswego and 
Seneca rivers, in such manner as not to injure the said dams, 
fishways (where not now constructed), at least one foot in 
depth at the edge of the dams, and of proper width to allow 
all fish endeavoring to migrate to the waters of said rivers 
above the dams, to pass over the same. The said fishways 
shall be placed at an angle of not more than thirty degrees 
and extended entirely to the running water below the dams, 
and shall be protected on each side by a gunwale of at least 
one foot in height, to confine the waters therein. The said 
fishways shall be constructed under the supervision of the 
superintendent of public works, and be located at such 
places in said dams and built in such manner and of such 
materials as he shall direct. 

§ 2. Appropriation. 

§ 8. This act shall take effect immediately. 

Chap. 212 of the Laws of 1862. — "An act to facilitate the 
ingress of salmon into Cayuga lake and for the protection 
of the same," compels the owners of dams across the Oswego 
or other rivers leading from the Cayuga lake into Lake 
Ontario, to erect and maintain suitable fishways for the free 
passage of salmon up said river and over said dams to the 
waters in Cayuga lake. Penalty, for failure to construct, 
one hundred dollars for each month's delay ; any person to 



56 The Game Laws of the 

bring suit and to retain one-half the recovery, the remainder 
to be paid to the commissioner of highways of the town 
where such recovery shall be had, to be applied in repairing 
the roads and bridges in said town. To spear, catch or kill 
salmon or other fish, within ten rods of above fish ways, is 
punishable by a penalty of twenty-five dollars for each 
offense, to be collected and disposed of as above. 

Chap. 193, Laws 1886. 

AN ACT to provide for the construction of fishways in the 
State dams across the Oswego and Seneca rivers. 

Passed April 24, 1886: three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

r Section 1. It shall be the duty of the superintendent of 
public works of this State to cause to lie constructed and 
maintained in proper manner, in all the State dams across 
the Oswego and Seneca rivers, and in such manner as not 
to injure said dams, fishways at least one foot in depth at 
the edge of the said dams, and of proper width to allow all 
fish endeavoring to migrate to the waters of said rivers 
above the dams to pass over the same. The said fishways 
shall be placed at an angle of not more than thirty degrees, 
and extend entirely to the running water below the dams, 
and shall be protected on each side by a gunwale of at least 
one foot in height to confine the waters therein. Said fish- 
ways shall be constructed under the supervision of the 
superintendent of public works, upon plans to he approved 
by the commission of fisheries for the State of New York, 
and be located at such places in said dams, and built in 
such manner as shall best serve the purpose therefor, and 
of such material as said superintendent of public works 
shall direct. 

^ 2. The sum of three thousand dollars, orsomuch thereof 
as shall be necessary, is hereby appropriated out of any 
moneys in the treasury not otherwise appropriated, to build 
said fishways. 

Chap. 2©3, Laws 1880. 

AN ACT to provide for the construction of fish-ways in the 
dams across " Little Salmon river," in the town of Mexico, 
Oswego county, New York. 

Passed April 24, 1886; three-fifths being present. 

The People of the State of New York, represented in 
Senate and, Assembly, do enact as follows : 

Section 1. It shall be the duty of the Superintendent of 
Public Works of this State to cause to be constructed and 



State of New York. 57 

maintained in proper manner, in all the dams across "Little 
Salmon river," and in such manner as not to injure said 
dams, fish-ways of suitable depth, and so constructed as to 
allow all fish endeavoring to migrate to the waters of said 
river above the dams, to pass over the same. Said fish- 
ways shall be placed at an angle of not more than thirty 
degrees and extend entirely to the running water below the 
dam, and shall be built upon plans to be approved by the 
commission of fisheries of this State. 

§ 2. The sum of three thousand dollars, or so much 
thereof as shall be necessary, is hereby apj)ropriated out 
of any moneys in the treasury not otherwise appropriated 
to build said fishways. 

Chap. 334, Laws 1886. 

AN ACT to regulate the maintenance and construction of 
eel weirs in the Oneida river. 

Passed May 12, 1886. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows :) 

Section 1. It shall be lawful to build and maintain in the 
Oneida river eel weirs of which the lath are not less than 
one-half an inch apart. 

§ 2. .All acts and parts of acts inconsistent with the pro- 
visions of this act are hereby repealed. 

§ 3. This act shall take effect immediately. 

Chap. 544, Laws 1886. 

AN ACT to provide for the construction of a fish-way in the 
State dam across the Schoharie river at Fort Hunter, 
Montgomery coumy, and the Mohawk river at the aque- 
duct, Schenectady county. 

Passed June 2, 1886; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. It shall be the duty of the Superintendent of 
Public Works of this State, to cause to be constructed and 
maintained in the State dam across the Mohawk river, near 
the aqueduct in Schenectady county, and in the State dam 
across the Schoharie river near the village of Fort Hunter 
in Montgomery county, in such manner as not to impair 
said dams, a suitable fish-way, in each dam, to allow all the 
fish endeavoring to migrate to the waters of said rivers above 
such dams to pass over such dams. The said fish-ways shall 
be constructed under the supervision of the Superintendent 



58 The Game Laws of the 

of Public Works, and shall be located at such places in said 
dams and built in such manner and of such materials as he 
shall direct. 

§ 2. The sum of two thousand dollars, or so much thereof 
as may be necessary, is hereby appropriated, out of any 
moneys in the treasury not otherwise appropriated, to build 
said fish-ways. 

§ 3. This act shall take effect immediately. 

Chap. 55, Laws 1875. 

AN ACT to prohibit fishing near any fish-way established 

by the State. 

Passed March 20, 1875; three-fifths being present. 

The People of tlie State of New Yuri-, represented in 
Senate and Assembly, do enact as follows : 

Section 1. The commissioners of fisheries of this State 
are hereby required and directed to erect and maintain :ii ;i 
distance of eighty rods from any fishway established or 
constructed by tie' St;it.' in any stream or water-course 
within its boundaries, signboards, on which shall be plainly 
printed or inscribed the words following, to wit: u Eighty 
rods to the fish-way. All persons are by law prohibited 
from fishing in this stream between this point and the fish- 
way;" said signboards to be erected on both sides of the 
stream, above and below the fishway. 

^2. No person shall catch, or attempt to catch, fish with 
any device whatever, within a distance of eighty rods from 
any fish- way established or constructed by the Stare, in any 
stream or water-course within its boundaries. 

,^ :>. Any person violating the provisions of the second 
section of this act shall be deemed guilty of ;i misdemeanor, 
and shall be liable, upon conviction thereof, to a fine not to 
exceed twenty-live dollars for every offense, or be subject 
to not more than ten days" imprisonment in the county jail; 
said fine to be recovered before any justice of the peace of 
the county wherein the offense may be committed, who 
shall issue his warrant for tin- arrest of the offender upon 
the complaint of any person duly verified. 

>J 4. Any fine collected by virtue of the provisions of this 
act, shall be paid to the overseer of the poor of the town in 
which the offense was committed, to be applied by said 
overseer to the credit of the poor fund of said town. 

Note. — The above act is substantially the same as sections twenty-nine and 
thirty of the Game Law of 1879, which possibly repeals it. Still, as ihere is a 
slight variation between the two, and a reservation from repeal of all laws re- 
lating to the establishment of fish ways in the act of 187i». it is printed for what 
it is worth. 



State of New York. 59 



INCORPORATION OF SOCIETIES OR CLUBS FOR 
FISHING AND HUNTING AND FOR FISH CUL- 
TURE. 

Fishing or hunting societies may be incorporated under 
the provisions of chapter 368 of the Laws of 1865, entitled 
"An act for the incorporation of societies or clubs for cer- 
tain social and recreative purposes," or by virtue of chap- 
ter 267 of the Laws of 1875, entitled "An act for the incor- 
poration of societies or clubs for certain lawful purposes." 

These acts provide that societies or clubs for social 
* * * hunting, fishing *' * * or lawful sporting 
purposes may be incorporated. Their powers and liabili- 
ties are set forth in the act, also the manner of incorpora- 
tion. Under chapter 368, Laws 1865, it was held by the 
Supreme Court, in the case of The Ancient City Sports- 
man? s Club v. Miller (7 Lans., 412), that a society or club 
could not be incorporated to enforce "all existing laws and 
ordinances for the preservation of game and fish," as not 
being within the intent of the Legislature, the State reserv- 
ing to itself the power of enforcing its laws. 

Chap. 288, Laws of 1874, as amended. 

AN ACT to incorporate societies for the improvement of 
poultry, small birds and domestic animals, and fish 
culture. 

Section 1. Any number of persons, not less than thir- 
teen, may associate and form an incorporation or company 
for the purpose of importing, raising and improving and 
breeding poultry, small birds, domestic and pet animals 
and fish culture, and collecting and disseminating useful 
knowledge concerning them, by holding fairs, disbursing 
awards and premiums, and by publishing debates and 
transactions, and by such other lawful means as the mem- 
bers of the company may deem expedient, upon filing in 
the office of the secretary of state, and also in the office of 
the clerk of the county in which the business of said com- 
pany is to be conducted, a declaration signed by all the 
incorporators, and acknowledged before any officer author- 
ized to take the acknowledgment of deeds in this State, 
expressing their intention to form such company, together 
with a copy of the charter proposed to be adopted by them, 
and shall thereafter be a body corporate and politic by the 
name designated in said charter. 

§ 2. Such society shall have power to elect a president, 
one or more vice-presidents, secretaries and a treasurer, 
and may make a constitution and by-laws for their govern- 



60 The Game Laws of the 

ment, and may hold real estate or oilier property to the 
value of twenty thousand dollars. 

§ 3. Societies organized under this act shall possess the 
powers and be subject to the restrictions and liabilities of 
title three of chapter eighteen of part one of the Revised 
Statutes. 

§ 4. The stockholders of any corporation hereafter formed 
under this act or any act amendatory hereof or supple- 
mentary hereto, or extending the operation and effect 
hereof, shall, in addition to the liabilities provided, be 
individually responsible equally and ratably, in an amount 
equal to the extent of their respective shares of stock in 
such corporation. The term stockholder as used in this 
section shall apply not only to such persons as appear by 
the books of the corporation or association to be such, but 
also to every equitable owner of stock, although the same 
may appear on such books in the name of another person; 
and also to every person who shall have advanced the 
installments or purchase money of any stock in the name 
of any person under twenty-one years of age, and while 
such person remains a minor, to the extent of such ad- 
vance; and also to every guardian or other trustee who 
shall voluntarily invest any trust funds in such stock; and 
no trust funds in the hands of such guardian or trustee 
shall be in any wny liable under the provisions of this act 
or the acts aforesaid by reason of any such investment, nor 
shall the person for whose benefit any such investment 
may be made, be responsible in respect to such stock until 
thirty days after the time when such persons, respectively, 
become competent and able to control and dispose of the 
same; but the guardian or other trustee making such in- 
vestment as aforesaid, shall continue responsible as a stock- 
holder until such responsibility devolves upon the person 
beneficially interested therein; and. in respect to stock held 
by a guardian or other trustee under a transfer of the same 
by a third person, or under positive directions by a third 
person for such investment, the person making such trans- 
fer, or giving such directions, and his executors and admin- 
istrators shall, for the purpose of this act and the acts 
aforesaid, be deemed a stockholder; and the estate of such 
person, if he be deceased, shall be responsible for the debts 
and liabilities chargeable on such stock, according to the 
provisions of this act. 

§ 5. This act shall take effect immediately. 



BOARDS OF SUPERVISORS. 

Section 40 of the General Game Laws of 1879 repealed 



State of New York. 61 

all acts or parts of acts inconsistent therewith, reserving, 
however, among others, "the laws conferring upon boards 
of supervisors special powers to legislate for the protection 
of fish, birds and game." 

The laws conferring these powers on boards of supervis- 
ors generally are as follows : 

Chapter 194 of the Laws of 1849, vesting certain legisla- 
tive powers in boards of supervisors, reads as follows : 

"§4, subd. 13. — To make such laws and regulations as 
they may deem necessary, and provide for the enforcing of 
the same, for the destruction of wild beasts, * * * * 
and to provide for the protection of all kinds of game, of 
shell and other fish within the waters of their respective 
counties." * * * 

(This act was declared constitutional in Smith, Super- 
visor of North Hempstead, v. Levinus, 8 N. Y., 472.) 

Laws 1875, chap. 482, conferring further legislative pow- 
ers upon boards of supervisors, provides that, among others, 
they are empowered to pass laws. 

"§16. To provide for the protection and preservation, 
subject to the laws of this State, of game, -animals and 
birds, and of fish and shell fish in all waters within the ter- 
jitorial jurisdiction of the county, and to prescribe and 
enforce the collection of penalties for the violation of any 
laws or regulations they may make pursuant to the provis- 
ions of this subdivision." 

(This section and section 13 of chapter 194 of the Laws 
of 1849 are to be read together.) 

For other powers of supervisors and boards of super- 
visors in the premises, see sections 31, 37, 38 and 40 of 
chapter 534 of the Laws of 1879, as amended, hereinbefore 
set forth, and section 2 of chapter 591 of the Laws of 1880, 
as amended by chapter 314 of the Laws of 1883, supra. 



PENAL CODE. 



Section 433. — Using net or weir unlawfully in Hudson 
river. — A person who uses any net or weir for setting or 
attaching nets or a pole or other fixtures in any part of the 
Hudson river, except as permitted by statute, is guilty of a 
misdemeanor. 

§ 265. — Public sports on Sunday. — All shooting, hunt- 
ing, fishing, playing, horse-racing, gaming or other public 
sports, exercises or shows upon the first day of the week, 
and all noise disturbing the peace of the day are prohibited. 
(See sec. 32 of chap. 534, Laws 1879, p. 38.) 

§ 269. — Penalty. — Sabbath breaking a misdemeanor, pun- 



62 The Game Laws of the 

ishable by a line not less than one dollar and not more than 
ten dollars, or by imprisonment in a comity jail not exceed- 
ing five days, or by both. 

§ 408. — Disposing of tainted food. — A person who, with 
intent that the same may be used as food, drink or medi- 
cine, sells or offers or exposes for sale any article whatever 
which to his knowledge is tainted or spoiled, or for any 
canse unfit to be used as such food, drink or medicine, is 
guilty of a misdemeanor. 

§ 640, subd. 10. — To kill, wound or trap any bird, deer, 
squirrel, rabbit or other animal within the limits of any 
cemetery or public burying ground or of any public park 
or pleasure ground, or to remove the young of such ani- 
mals, or eggs of such birds, or knowingly to purchase the 
same, is a misdemeanor, punishable by imprisonment not 
exceeding six months, or a fine not exceeding two hundred 
and fifty dollars, or both. 

§ 15. A misdemeanor, where no special punishment is 
prescribed, is punishable by imprisonment in a peniten- 
tiary or comity jail for not more than one year, or by a fine 
of not more than five hundred dollars or both. 

(For the provisions of the Penal Code for the protection 
of oysters and other shell fish, see p. 54.) 



BAY CONSTABLES. 

Laws 1875, chap. 89. — "An act providing for the election 
of bay constables in the towns of Brookhaven, [slip, Baby- 
lon and Huntington, in the county of Suffolk, and to de- 
fine their duties; also to repeal section eight of chapter two 
hundred and thirty-four of the Laws of eighteen hundred 
and seventy, entitled -An acl for the preservation of shell 
fish in the waters of the South buy. Suffolk county.' " 

Laws 1875, chap. 402. — "An acl providing for the flec- 
tion of bay constables in the town of Easl Eampton, in the 
county of Suffolk, and to define their duties." (See sec. 
35, (lame Law of 1879.) 



NEW YORK CITY GAME LAWS. 

Special and local laws affecting fish, game and birds in 
New York city can be found in the Consolidation Act of 
1882, chapter 410, Laws of 1882, at sections 736, 737, 738, 
739 and 743, relating to fish, fishing, nets, fykes, poles, etc., 
and providing penalties for illegal fishing and netting, con- 
trary to its provisions. 

Section 2025 relates to song birds in New York city, pro- 



State of New York. 63 

hibits their killing, etc., and regulates their having in pos- 
session.* 

Section 1306 authorizes any justice of a district court to 
issue, under certain restrictions, warrants of arrest and 
search warrants under the game laws of this State. 

Chap. 301 of the Laws of 1879. 

AN ACT for the preservation of song and small birds.*" | 

Section 1. No person shall kill, wound, trap, net, snare, 
catch with bird lime, or with any similar substance or drug, 
or in any other manner capture, or sell, expose for sale or 
transport, during the months of April, May, June, July, 
August, September or October in any year, any bird of 
song, or any linnet, blue bird, yellow hammer, yellow bird, 
thrush, woodpecker, cat bird, pewee. swallow, martin, blue 
jay, oriole, kildee, snow bird, grass bird, gross beak, phoebe 
bird, humming bird, black bird, wren, excepting birds bred 
in a cage or imported from Europe or the southern United 
States. No person shall kill or expose for sale, or have in 
his possession after the same has been killed, any robin, 
meadow lark, or starling between the first day of January 
and the fifteenth day of October, save only when such birds 
are killed on premises of the persons killing, and while 
they are destroying fruit. This section shall not apply to 
any person who shall kill any bird for the purpose of study- 
ing its habits or history or having the same stuffed and set 
up as a specimen. This act shall apply only to the coun- 
ties of New York, Kings, Albany, Richmond and Rens- 
selaer. 

§ 2. Any person violating this act shall be deemed guilty 
of a misdemeanor, punishable by imprisonment in the 
county jail or penitentiary, of not less than five or more 
than thirty days, and shall also be liable to a jDenalty of 
fifty dollars, to be recovered with costs, by any person 
suing therefor in his own name. 

§ 3. In all actions for the recovery of penalties under this 
act, one-half of the recovery shall belong to the plaintiff, 
and the remainder shall be paid to the county treasurer of 
the county where the offense is committed, excejDt if the 
offense be committed in the city and county of New York 
then said remaining half penalty shall be paid to the cham- 
berlain of said city, f 

* See chap. 427, Laws 1886, p. 64, which probably repeals this section, 
f Probably repealed by chap. 427, Laws 1886, infra. 



64 The Game Laws of the 

Chap. 427, Laws 1886. 

AN ACT for the preservation of song and wild birds. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. No person in any of the counties of this State, 
shall kill, wound, trap, net, snare, catch with bird lime, or 
with any similar substance, poison or drug, any bird of 
song or any linnet, blue bird, yellow hammer, yellow bird, 
thrush, woodpecker, cat-bird, pewee, swallow, martin, blue- 
jay, oriole, kildee, snow bird, grass bird, gross beak, bobo- 
link, phcebe bird, humming bird, wren, robin, meadow lark 
or starling, or any wild bird, other than a game bird. Nor 
shall any person purchase, or have in possession or expose 
for sale any such song or wild bird, or any part thereof, 
after the same has been killed. For the purposes of this 
act the following only shall be considered game birds : the 
Anatidse, commonly known as swans, geese, brant, and 
river and sea ducks: the Rallidae, commonly known as 
rails, coots, mud-hens and galli mules; the Limicolae, com- 
monly known as shore birds, plovers, surf-birds, snipe, wood- 
cock, sand pipers, tatlers and curlews; the Grallinae, com- 
monly known as wild turkeys, grouse, prairie-chickens, 
pheasants, partridges and quails. 

^ 2. No person shall take or needlessly destroy the nest 
or eggs of any song or wild bird. 

.' 3. Sections one and two of this act shall not apply to 
any person holding a certificate giving the right to take 
birds, and their nests and eggs, for scientific purposes, as 
provided for in section four of this act. 

£ 4. Certificates may be granted i>\ an\ incorporated so- 
ciety of natural history in the State, through such persons 
or officers as s;ii<l society may designate, to any properly 
accredited person of the age of eighteen years or upward, 
permitting tin- holder thereof to collect birds, their nests or 
eggs, for strictly scientific purposes only. In order to obtain 
such certificate, the applicanl for the same musl present to 
the person or persons having I he power to grant said cerl ifi- 
cates, written testimonials from two well known scientific 
men. certifying to the good character and fitness of said 
applicant to be intrusted with such privilege; must pay to 
said persons or officers one dollar to defray the necessary 
expenses attending the granting of such certificates, and 
must file with said persons or officers a properly executed 
bond, in the sum of two hundred dollars, signed by two 
responsible citizens of the State as sureties. This bond 
shall be forfeited to the State, and ihe certificate become 



State of New Yokk. 65 

void, upon proof that the holder of such a certificate has 
killed any bird, or taken the nest or eggs of any bird, for 
other than the purposes named in sections three and four of 
this act. and shall be further subject for each such offense 
to the penalties provided therefor in sections one and two 
of this act. 

§ 5. The certificates authorized by this act shall be in force 
for one year only from the date of their issue, and shall not 
bn transferable. 

§ 6. The English or European house sparrow (Passer 
domesticus) is not included among the birds protected by 
this act. 

§ 7. Any person or persons violating any of the provis- 
ions of this act shall be deemed guilty of a misdemeanor, 
punishable by imprisonment in the county jail or peniten- 
tiary, of not less than five or more than thirty days, or to 
a fine of not less than ten or more than fifty-dollars, or 
both, at the discretion of the court. 

§ 8. In all actions for the recovery of penalties under this 
act, one half of the recovery shall belong to the plaintiff, and 
the remainder shall be paid to the county treasurer of the 
county where the offense is committed, except if the offense 
be committed in the city and county of New York, the re- 
maining one-half shall be paid to the chamberlain of said 
city. 

§ 9. All acts or parts of acts inconsistent with, or con- 
trary to the provisions of this act, are hereby repealed. 

§ 10. This act shall take effect immediately. 

Chap. 419, Laws 1881. 

AN ACT to exempt the waters of Otsego lake from the 
provisions of sections eighteen, twenty and twenty-three 
of chapter five hundred and thirty-four of the Laws of 
eighteen hundred and seventy-nine, entitled "An act for 
the preservation of moose, wild deer, birds, fish and other 
game, and from the provisions of said section twenty- 
three as amended by chapter four hundred and thirty-one 
of the Laws of eighteen hundred and eighty — repealing 
section eight of chapter four hundred and thirty- one of 
the Laws of eighteen hundred and eighty — and for the 
protection and preservation of fish in the waters of Otsego 
lake." 

The People of the State of New Tor 7c, represented in 
Senate and Assembly, do enact as follows : 

Section 1. The waters of Otsego lake, in the county of 
Otsego, are hereby excepted from the provisions of sections 
eighteen, twenty and twenty-three of chapter five hundred 

5 



66 The Game Laws of the 

and thirty -four of the Laws of eighteen hundred and sev- 
enty-nine, and from the provisions of said section twenty- 
three as amended by section one of chapter live hundred 
and thirty-one of the Law T s of eighteen hundred and eighty. 

§ 3. Until the board of supervisors of the county of Otsego 
shall, under and in pursuance of section thirty-seven of chap- 
ter five hundred and thirty-four of the Laws of eighteen 
hundred and seventy-nine, make provisions for the protec- 
tion and preservation and regulating the taking of fish from 
the waters of said Otsego lake, no person shall kill or catch 
or attempt to take, kill or catch any fish in the waters of 
Otsego lake in any manner or with any device except an- 
gling with hook and line held in hand. Any person vio- 
lating the provisions of this section shall be deemed 
guilty of a misdemeanor, and, in addition thereto, shall be 
liable to pay a penalty of one hundred dollars for each and 
every offense, to be recovered as provided in section thirty- 
three of chapter five hundred and thirty-four of the Laws 
of eighteen hundred and seventy-nine, and as provided in 
chapter five hundred and thirty-one of the Laws of eight- 
een hundred and eighty. 

§ 4. This act shall take effect immediately. 

Chap. 947, Law-* 1*84. 

AN ACT for the preservation offish in the Hudson river. 

The People of Vie State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1. No person shall draw or use any seine, or 
catch or kill any fish by means of any seine in any of the 
waters of the Hudson river contained*, between any trestle 
or bank of any railroad running along said river and the 
adjacent bank of said river. And any person violating any 
of the provisions of this section shall lie deemed guilty of 
a misdemeanor. 

| 2. This act shall take effect immediately. 

Chap. 523, Laws 1886. 

AN ACT to prohibit the use of pound nets and purse nets 
in the Hudson river, between the first day of June and 
the fifteenth day of October. 

Passed June 1, 1886; three-fifths being present. 

TJie People of the State of New York, represented in 
Senate and, Assembly, do enact as follows : 

Section 1. No pound net or purse net shall be used or 
set in the waters of the Hudson rive]-, from the first day of 



State of New York. 6? 

June until the fifteenth day of October in each and every 
year. 

§ 2. Any person violating the provisions of this act shall 
be deemed guilty of a misdemeanor. 

§ 3. This act shall take effect immed'iately. 

Chap. S26, Laws 1886. 

AN ACT to regulate fishing in the town of Saugerties, 

Ulster county. 

Passed April 27, 1886; three-fifths being present; without the approval of the 

Governor. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as folloios : 

Section 1. Any person having in his or her possession on 
the shores, banks or waters of the Esopus creek, in the 
town of Saugerties, above the dam at the village of Sauger- 
ties, or the shores, banks or waters of any lake or stream of 
water in said town of Saugerties, other than the Hudson 
river and the Esopus creek below the dam, at said village 
of Saugerties, at any time, any snare net, set- line, fike, pot 
or other devices of any kind used in taking fish, except 
hook and line held in the hand or attached to fishing-rods, 
shall be deemed guilty of a misdemeanor, and in addition 
thereto shall be liable to a penalty of twenty-five dollars, 
to be sued for and recovered by the game constable of said 
town of Saugerties. 

§ 2. The taking of minnows for bait by scrap-nets in the 
Esopus creek proper is not intended to be prohibited by 
this act. 

§ 3. This act shall take effect immediately. 

Chap. 556, Laws 1885. 

AN ACT to prevent the taking of fish from the waters of 
Chautauqua lake, by other means than angling. 

The People of the State of New YorJc, represented in 
Senate and Assembly, do enact as follows : 

Section 1. No person shall at any time kill in Chautau- 
qua lake, or take from the waters thereof, any fish of any 
kind, except as taken by the commissioners of fisheries for 
the purpose of artificial propagation or the stocking of 
other waters by any device or means watever, otherwise 
than by hook and line. 

" § 2. No person shall have in his or her possession, at any 
time, in or upon the ice or waters of Chautauqua lake, any 
trap or pound net, stake poles, fish house, spear, instrument 
or device of any kind which may be used for killing or 
taking fish, except a hook and line. 



68 The Game Laws of the 

§ 3. Any person violating this act shall be guilty of a 
misdemeanor, and liable to a penalty of fifty dollars for 
each offense. 

§ 4. All penalties imposed by this act may be recovered 
with costs of suit before any justice of the peace in any 
town bordering on Chautauqua lake or in a court of record 
in Chautauqua county. The district attorney of said county 
is hereby required to commence, in the name of the people 
of the State of New York, for the recovery of the penalties 
hereby allowed, immediately upon receiving proper infor- 
mation of the violation of this act; and any penalty so re- 
covered in a court of record shall be paid to the superin- 
tendent of the poor of said county for the benefit of said 
county poor. One-half of the penalty recovered under this 
act before any justice of the peace shall belong to the per- 
son giving information upon which the action is brought, 
and the other one-half shall be paid to the supervisor of the 
town in which the action is brought, for the use of said 
town. All judgments for penalties recovered under this 
act, with the interest thereon, may be collected and pay- 
ment enforced thereon by execution, and in case of failure 
to pay the same or any part thereof, the person on whom 
such penalty is imposed shall be committed to the county 
jail of said county for a period of not less than ten days, 
and at the rate of one day for every dollar thereof. Such 
imprisonment shall not be a satisfaction for such judgment. 
All charges under this act when made before a justice of the 
peace shall be a town charge; when in a court of record, a 
county charge. 

^ 4. That portion of chapter four hundred and eighty-two 
of the Laws of the State of New York, passed eighteen 
hundred and seventy-five, and chapter one hundred and 
twenty two of the Laws of New York, passed eighteen 
hundred and seventy-eight, and all other acts or parts of 
acts as are inconsistent or conflicting with this act, relative 
to the taking of fish from Chautauqua lake, or relative to 
the powers conferred upon the board of supervisors to regu- 
late such taking of fish from Chautauqua lake, are hereby 
repealed. 

§ 6. This act shall take effect immediately. 

Chap. «©:*, Laws 1886. 

AN ACT for the better protection of fish in Lake Cham- 
plain, its bays and tributaries. 

The People of the State of New )'<>rh\ represented in 
Senate and Assembly, do enact as follows : 

Section 1. No person or persons shall catch or kill, or 
attempt to catch or kill, any fish of any kind in all that 



State of New York. 69 

part of Lake Champlain, its bays or tributaries, lying or 
being between the south end of said lake, in the town of 
Whitehall, Washington county, and Chimney Point, in 
Essex county, with any set line, seine, gill net, hook net, 
fyke net, pound net, or net of any kind whatsoever, except 
for catching minnows for bait, at any time of the year. 

§ 2. Neither shall any person or persons have in his, her 
or their possession any muscalonge, black or Oswego bass, 
pike or pickerel, between the first day of January and the 
fifteenth day of June in any year. 

§ 3. Any person or persons violating any of the provisions 
of this section or any of the above sections, shall be gnilty 
of a misdemeanor, and upon conviction thereof shall be sub- 
ject to a fine of one hundred dollars for each and every net 
of any kind so used, and in addition thereto shall pay the 
sum of five dollars for each and every fish caught in any net, 
or had in possession, contrary, to the provision of this act, 
or imprisoned in the county jail at hard labor for a period 
not to exceed one day for each dollar of penalty, with costs 
imposed. 

§ 4. The above penalties to be paid to the county treas- 
urer of the county in which the offense was committed, and 
one-half of the above penalties shall be paid by the county 
treasurer to the complainant on an order from the court be- 
fore whom the same was tried and adjudged. 

§ 5. Any justice of the peace shall have power and au- 
thority to impose fines and imprisonments for violation of 
any of the above sections, even if said penalty exceed the 
limits of the justice court. 

§ 6. The game constables elected in either Washington or 
Essex counties shall have power and authority to arrest, 
with or without warrant, and bring before the most con- 
venient justice of the peace, in the county where arrested, 
any person or persons found violating any of the foregoing 
sections. 

§ 7. This act shall take effect immediately. 

Chap. 141, Laws 1886. 

AN ACT to prevent taking fish from the waters of Lake 
Ontario adjacent to the shore of Jefferson county, or 
from the inland waters of said county, by other means 
than angling. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. No person shall at anv time kill or take from 
the waters of Henderson bay or Lake Ontario within one 
mile from the shore between themost westerly po : nt of Pillar 



70 The Game Laws of the 

Point and the boundary line between the counties of Jef- 
ferson and Oswego, or within one mile from the shore of 
any island in Lake Ontario which is part of Jefferson 
county, except Grenadier Island and Fox Island or from 
the waters of any creek, lake or river, or inland waters in 
the county of Jefferson, any fish of any kind by any devise 
or means whatever, otherwise than by hook and line or rod 
held in hand. But this section shall not apply to or pro- 
hibit the catching of minnows for bait, provided the person 
using nets for that purpose shall not set them and shall 
throw back any trout, bass or other game fish taken, and 
keep only chubs, dace, suckers, or shiners. 

§ 2. Any person violating any of the provisions of this 
act shall be guilty of a misdemeanor and liable to a penalty 
of fifty dollars for each offense. 

§ 8. All penalties imposed by this act may be recovered 
with costs of suit before any justice of the peace or in any 
court of record in Jefferson county. The district attorney 
of said countj' is hereby required to prosecute actions in 
the name of the people of the State for the recovery of 
the penalties hereby imposed immediately upon receiving- 
proper information of the incurring of a liability to pay 
said penalty. Any penalty so recovered in a court of 
record or before a justice of the peace shall be paid as fol- 
lows: One-half thereof to the person informing the district 
attorney, and one-half to the superintendent of the poor of 
said county, for the benefit of the county poor. All costs 
or charges incurred in any such prosecutions shall be a 
county charge. 

§ 4. This act shall take effect immediately. 

Chap. ."590, Laws 1886. 

AN ACT to prevent taking fish by net in the waters of the 
Cattaraugus creek and its mouth. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. No person shall set or draw any net or seine 
in Cattaraugus creek or within eighty rods of its channel 
into the lake, or take any fish by such means between the 
fifteenth day of May and the first day of November. 

§ 2. No person shall by any net or device willfully ob- 
struct the channel of said creek so as to prevent the passage 
of fish therein. Fishing with hook and line permitted in 
the waters mentioned herein. 

§ 3. Any person violating the provisions of this act shall 
be guilty of a misdemeanor, and, in addition thereto, liable 
to a penalty of fifty dollars for each offense, to be recovered 



State of New York. 71 

in the name of the people of this State in any court having 
jurisdiction thereof. And it shall be the duty of the dis- 
trict attorney of the county in which such offense is com- 
mitted, on being informed of the fact, to prosecute for the 
recovery of such penal ty, and the recovery after paying 
the necessary expenses, one-half to be paid to the informer 
and the other half to the treasurer of the county in which 
such recovery is had. All acts and parts of acts incon- 
sistent with the provisions of this act are hereby repealed. 
§ 4. This act shall take effect immediately. 

Chap. 185, Laws of* 1884. 

AN ACT for the better protection of game in Richmond 

county. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. From and after the passage of this act, it 
shall not be lawful for any non-resident of the county of 
Richmond to shoot game in any of the towns of said county 
without having first obtained from a justice of the peace, 
living in said county, a license for the privilege of so doing. 
The fee for such license, which shall be good only during 
the year in which it is granted, shall be ten dollars, and 
shall be granted as of course by the justice applied to, 
unless he has proof that the applicant has been convicted 
of a violation of this act. 

§ 2. The money so received by said justices of the peace 
for such license fees shall be paid by them monthly to the 
treasurer of said county of Richmond. 

§ 3. Any person violating any of the provisions of this 
act shall, upon conviction, be fined not less than ten nor 
.more than twenty-five dollars. 

§ 4. This act shall take effect immediately. 

Chap. 485, Laws of 1885. 

AN ACT relating to game in the counties of Queens and 

Suffolk. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. No person shall kill, or have in possession 
after the same has been killed, in the counties of Queens 
and Suffolk,- any ruffed grouse, commonly called partridge, 
from the first day of January to the first day of November 
in each year, under a penalty of twenty five dollars for 
each bird or animal so killed or had in possession. 

§ 2. No person shall, in said counties, kill or have in pos- 



72 The Game Laws of the 

session any bay snipe, sandpiper, shore bird or plover from 
the first day of January to the tenth day of July in any 
year, or any rail bird or meadow hen from the first day of 
January to the first day of September in any year, under a 
penalty of ten dollars for each bird so killed or had in pos- 
session. 

£ 3. All penalties imposed by this act may by recovered, 
with costs of suit, as fixed by the Code of Civil Procedure, 
by any person in his own name, or by any incorporated 
society in its name, before any justice of the peace in the 
county where the offense was committed, or in any adjoin- 
ing county, where the amount recovered does not exceed 
the jurisdictian of said justice, and such penalties may be 
recovered in the like manner in any court of record in said 
counties. 

§ 4. Any person violating any of the provisions of this 
act shall be deemed guilty of a misdemenor, and, upon con- 
viction, shall be punished by a fine of not less than five 
dollars, or of not more than at the rate of one day for every 
dollar of the penalty provided by the section so violated, 
or by imprisonment in the county jail or penitentiary for a 
period of not less than five days nor more than at the rate 
of one day for every dollar of any such penalty, or by both 
such fine and imprisonment ill the discretion of the court. 

£ 5. This act shall take effect immediately. 

Chap. £17, Laws 1886. 

AN ACT to protect wild goose, duck, brant, teal, coot, 
dipper and greebe in Chautauqua county. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. No person shall kill, shoot, hunt or pursue 
any wild goose, duck, brant, teal, coot, dipper or greebe in 
Chautauqua county between the first day of February and 
the first day of September in each year. Any person or 
persons found guilty of violating this net shall be punished 
by a penalty of twenty-five dollars or thirty days in county 
jail, or both, as the court may detetmine. All actions for 
penalties for violation of this act may be made before a 
justice of the peace or any court having jurisdiction in 
Chautauqua county. The money collected under this act 
shall be divided equally between the poor fund of tl>e 
county and the person or persons making the complaint. 

?: '2. All acts or parts of acts inconsistent with this act are 
hereby repealed. 

§ 3. This act shall take effect immediately. 



State of New York. 73 



Chap. 395, Laws 1886. 

AN ACT prohibiting the killing of quail and ruffed grouse, 
commonly called partridge, within the county of Niagara, 
for the period of three years from and after the passage 
of this act. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1. No person shall, at any time for the period of 
three years, from and after the passage of this act, within 
the county of Niagara, kill, trap or snare any quail or 
ruffed grouse, commonly called partridge, under a penalty 
of twenty-five dollars for each quail or ruffed grouse so 
killed, trapped or snared. Any person offending any of the 
preceding provisions of this section shall be deemed guilty 
of a misdemeanor, and shall be prosecuted as directed in 
section thirty-three of chapter five hundred and thirty-four 
of the Laws of eighteen hundred seventy-nine, for the pres- 
ervation of moose, wild deer, birds, fish and other game, 
passed June twentieth, eighteen hundred and seventy-nine. 

§ 2. This act shall take effect immediately. 

Chap. 430, Laws 1880. 

AN ACT for the protection of game in the counties of Chau- 
tauqua and Cattaraugus. 

The People of the State of Neio YorTc, represented, in 
Senate and Assembly, do enact as follows : 

Section 1. No person shall ship, transfer or take, with- 
out the counties of Chautauqua or Cattaraugus, any ruffed 
grouse, commonly called partridge, woodcock, snipe or 
plover, for the purposes of sale or trade, the same having 
been taken or killed within either of said counties. 

§ 2. Any person violating any of the provisions of this 
act shall be deemed guilty of a misdemeanor, and, upon 
conviction, shall be punished for each and every bird so 
shipped, transferred or taken without the bounds of said 
counties for the purposes of sale or trade, by a fine of not 
less than twenty-five dollars, nor more than one hundred 
dollars, or by imprisonment in the county jail or peniten- 
tiary for a period of not less than twenty-five days nor more 
than at the rate of one day for every dollar of any such 
penalty, or by both such fine and imprisonment in the dis- 
cretion of the court. 

§ 3. All penalties imposed by this act may be recovered 
with costs of suit, as fixed by the Code of Civil Procedure, 
by any person in his own name, or by any incorporated 



74 The Game Laws of the State of New York. 

society in its name, before any justice of the peace in said 
county, or in any adjoining county where the amount re- 
covered does not exceed the jurisdiction of said justice, and 
such penalties may be recovered in like manner in any court 
of record in said county. 
§ 4. This act shall take effect immediately. 

Chap. 542, Law§ 1886. 

AN ACT in relation to the shooting of quail upon Robins 

Island. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as folloios : 

Section 1. The shooting of quail upon Robins Island in 
the county of Suffolk, so long as such island remains the 
property of the Robins Island Club, shall be permitted to 
be done by the members of that club and their guests on 
and after the fifteenth day of October in each year, and 
until the first day of February in the year following. 

§ 2. This act shall take effect immediately. 



INDEX. 



ADIRONDACK^: page. 

transportation of fish in 31 

transportation of deer in : 23, 24 

stocking in region of 30, 31 

fish hatchery to be established in. : . . 49, 50 

called forest preserve .' 30, 31 

ANGLERS' ASSOCIATION, ST. LAWRENCE RIVER: 

officers of 3 

members of 4 

ANGLING WITH HOOK AND LINE: 

in Lake Ontario 33 

in Onondaga lake 33 

in Niagara river 33 

in Oneida lake 33 

in Seneca lake 33 

in Cross lake 33 

in St. Lawrence river 33 

in Hudson river 33 

in Lake Ontario 33 

in Black lake .' 34 

in Mud lake 34 

in Yellow lake 34 

penalty for not 34 

in Otsego lake 65 

in Chautauqua lake 67 

ALDERMEN, BOARD OF: 

in New York city 39 

may employ special detectives 39 

may pay awards 39 

may raise tax 40 

BASS: 

in Lake Mahopac 31 

in Columbia county 31 

in Schroon lake 31 

in Paradox lake 31 

in Friends lake. 31 

in Skaneatelas lake 31 

in Lake George 32 

in Brant lake 32 

black bass . . - 32 

Oswego bass 32 

striped bass 32 

in St. Lawrence river 32 

in Clyde river 32 

in Seneca river 32 

in Oswego river 32 

in Lake Erie 32 

in Lake Ontario .... 32 

in Like Conesus 32 

in Niagara river 32 

size of bass , 32 

sale of bass 32 

weight of bass 32 



76 Index. 

BAY CONSTABLES: page. 

duties of 40 

penalties for failure to act 40 

powers of 40 

in Brookhaven 62 

in Islip 62 

in Babylon 62 

in Huntington 62 

in East Hampton 62 

BIKD LIME: 

prohibited 63 

BIRDS: 

song and small 27, 63, 64 

shall not be killed or had in possession 27, 63, 64 

except for specimens 27, 63, 64 

birds named 27, 63, 64 

in New York city 62 

under Penal Code 62 

preservation of song and small birds, act for 63, 64 

exceptions 27, 63, 64 

penalties 63, 64, 65 

penalties, how divided 63, 65 

BIRDS, WILD : 

eagle 27, 28 

night hawk 27. 28 

may be killed for specimens 27, 28 

nests are not to be robbed or destroyed 27, 28 

crows, black birds, hawks and owls excepted 27, 28 

BLACK BASS 31, 32 

BRANT: 

when may be killed 25 

on Long Islaud 25 

penalty for 25 

when may be had in possession 25 

floating battery prohibited 25 

decoy prohibited 25 

Great South bay 25 

Pecomc bay 25 

Shinnecock bay 25 

Lake Ontario 25 

not to sail for. by steam or sails 26 

Long Island Sound excepted 26 

Lake Ontario excepted 26 

Hudson river below Iona Island excepted 26 

not to be killed between sunset and daylight 25 

hunting with light or lantern 25 

person in water with gun and lantern 25 

swivel or punt gun prohibited 25 

nets or other devices prohibited 25 

CALIFORNIA TROUT 30, 31, 43 

CANADA PARTRIDGE. 

(See Partridge.) 

CANANDAIGUA LAKE 43 

CATTARAUGUS CREEK: 

net fishing prohibited 70, 71 

CHAMPLAIN LAKE: 

fishing in, regulated 68, 69 



Index. 77 

CHAUTAUQUA COUNTY: page. 

wild birds in 72 

game in 73 

CHAUTAUQUA LAKE: 

taking of fish from, except by angling, prohibited 67 

penalties 68 

how enforced 68 

CLAMS. 

(See Shell Fish.) 
CLUBS. 

(See Societies.) 
CONSTABLE: 

duties of 40 

penalties for failure to act 40 

powers of 40, 43 

compensation of 39, 43 

COMMISSIONERS OF FISHERIES : 

to erect sign-boards at State fish-ways 37 

to erect sign-boards at State hatcheries 37 

laws relating to, unrepealed 42 

to direct and control game and fish protectors 46 

to divide the State into protection districts 46 

to assign protectors for temporary duty 46 

to assign each protector a district 46 

to report protectors to Governor 46 • 

fish commission established 46 

duties of commissioners 47 

vacancies in office 47 

a commissioner to reside either in Kings, Queens or Suffolk 47 

may sue for penalties 48 

may take fish for propagation 30, 48 

how to stock the Adirondacks 30, 49, 50 

appropriation for, to stock public streams 49 

to establish fish hatchery in the Adirondack forest 49 

COTTON'S DAM 33 

COUNTY TREASURER: 

to satisfy judgments 44 

to receive fines '. , . . . 44 

to pay expenses of suits 44 

to pay witness fees and disbursements on the requisition of the dis- 
trict attorney 44 

to pay one-half of fines into State treasury 44 

to pay game protectors one-half of fines and penalties collected 44 

to pay expenses of destruction of nets 45 

COURTS: 

having jurisdiction 39, 42 

to issue warrants 39, 42 

how issued , 42 

when issued 42 

against non-residents • 42 

to issue search warrants 42 

DEER: 

wild, when may be killed or chased 23 

three only to be killed , 23 

when may be sold 23 

transported or had in possession 23, 24 

not to be trapped or killed by trap or spring gun 23 

m Queens and Suffolk counties 24 

not to be pursued with dogs in St. Lawrence county 23 



78 Index. 

DEER — Continued. page. 

not to be pursued with dogs in Delaware county 24 

not to be yarded 24 

penalty 23, 24 

penalty f qr killing, or having in possession 24 

may be bunted or pursued with dog or bitch 23, 24 

not to be killed by crusting 24 

penalty 24 

DETECTIVES 39 

DELAWARE COUNTY: 

deer in 24 

DISTRICT ATTORNEY: 

to prosecute actions for penalties 44 

costs * 44 

may discontinue actions without costs 43 

may retain costs if collected 44 

to satisfy judgments 44 

to certify to action brought by game protector 44 

DOGS: 

in actual pursuit of wild deer when may be killed 23 

not to pursue wild deer with, in Deleware and St. Lawrence counties, 23 

in private parks 37 

DUCK, WILD: 

not to be killed between sunset and daylight 25 

hunting with light and lantern 25 

person on water with gun and lantern 25 

swivel or punt gun prohibited 25 

nets or other devices prohibited 25 

when may be killed or exposed for sale 25 

on Long Island 25 

penalty for 25 

sailing for, by steam or sails, prohibited 26 

when may be had in possession 25 

floating b ittery prohibited 25 

decoy prohibited 25 

Great South bay 25 

Peconic bay . . , 25 

Shinnecock bay 25 

Lake Ontario 25 

not to sail for by steam or sails 26 

Long Island Sound excepted 26 

Lake Ontario excepted 26 

Hudson river, below Iona Island excepted 26 

EASTERN NEW YORK FISH AND GAME PROTECTIVE ASSO- 
CIATION : 

officers of 7 

members of 7, 8 

FAWN : 

in its spotted coat, not to be killed 23 

not to have in possession carcass • 23 

or skin of, after killed 23 

penalty for killing 24 

having in possession 23, 24 

FERRETS 26 

FINES: 

to whom to be paid 39, 43 

how enforced 39 

in New York city 39 

one-half to be paid to game protectors 39, 43, 44 



Index. 79 

FISH AND GAME PROTECTORS. page 

(See Protectors of Fish and Game.) 
FISH COMMISSIONERS. 

(See Commissioners of Fislieries.) 
FISH CULTURE: 

societies may be formed for 59 

FISH HATCHERIES. 

(See Commissioners of Fisheries and Fish-ways.) 

FISHING WITH HOOK AND LINE. 

(See Angling.) 

FISH-WAYS: 

in the State dam at Troy 54 

at Fort Miller 54 

across Oswego river 54, 55, 56 

across Oneida river 54, 55 

across Seneca river , . 54, 55, 56 

sign-boards at 37 

fishing within eighty rods of State fish-ways prohibited 37, 58 

destroying or defacing sign-boards prohibited 37 

for salmon 55 

across Little Salmon river. 56 

across Schoharie river 57 

across Mohawk river 57 

FOWL, WILD: 

not to be sailed for or shot at from vessel propelled by steam or sails. . 26 
Long Island Sound, Lake Ontario and Hudson river below Iona Island 

excepted 26 

act for the preservation of 64 

GAME CONSTABLE: 

duties of 41, 42 

powers of 41, 42, 43 

penalties for failure to act 40, 42 

boards of supervisors to provide for election of 41 

in Kings county. 41 

term of office of 41 

how chosen 41 

compensation of 41, 42, 43 

costs of suit a county charge 42 

to receive one-half of penalties recovered 41, 42, 43 

GOOSE, WILD: 

when may be killed 25 

on Long Island 25 

penalty for 25 

when may be had in possession 25 

not to be killed between. sunset and daylight 25 

hunting with light or lantern 25 

person on water with gun or lantern 25 

swivel or punt gun prohibited 25 

nets or other devices prohibited 25 

floating battery prohibited 25 

decoy prohibited 25 

Great South bay . . . x5 

Peconic bay 25 

Shinnecock bay 25 

Lake Ontario . — 25 

not to sail for by steam or sails 26 

Long Island Sound excepted < 26 

Lake Ontario excepted 26 

Hudson river below Iona Island excepted 26 

GROUSE: 

(See Partridge and Prairie Chicken.) 



80 Index. 

HARE : page. 

when may be killed, exposed for sale, or had in possession 26 

orchard and nursery owners excepted 26 

when may be sold or had in possession 26 

HUDSON RIVER: 

act for the preservation of fish in 66 

use of nets in, prohibited 66 

KEUKA LAKE 29, 43 

LAKE GEORGE: 

fishing in 32 

LAKE TROUT 31 

LAWS: 

repealed 42 

LOBSTERS: 

(See Shell Fish.) 

MISDEMEANOR: 

how punished under Penal Code 62 

how punished under Game Laws 39 

MOOSE: 

not to be killed, cbased with dogs or taken 24 

not to be had in possession after killed or taken 24 

penalty 24 

MUSCALONGE 32 

NETS: 

prohibited 28, 29, 33 

exceptions 29, 33, 34 

Lake Ontario excepted 29 

Oswego river 29 

Lake Ontario 29 

Niagara river 29 

Keuka lake 29 

private waters 29 

contraband, when 28, 29, 30, 81. 32, 33, 45, 48 

nuisances, when 28, 29, 30, 31, 32, 33, 45, 48 

may be destroyed, when 28, 29, 30, 31. 32, 33, 45, 48 

in possession on shore 34 

size of meshes of nets and fykes 35 

in Richmond county 35 

Long Island 35 

menhaden nets 35 

Lake Ontario 35 

Lake Erie 35 

Hudson river 35, 36 

( onev Island creek 35 

for bait 35 

for eel fisbing 35 

in Great South bay ;J5 

for flounder fishing 35 

fish netted not to be sold 34, 35 

Walkill river 36 

destruction of, a county charge. . . 45 

fish commissioners to take possession of confiscated nets. 48 

shad nets 48 

NESTS: 

robbing of 28, 63, 64 

exceptions 28, 63, til 

under Penal Code 02 

in New York city 62, 63, 64 



Index. 81 

NEW YORK CITY page. 

shell fish in 62 

fish in 62 

game in 62 

birds in . 62, 63 

netting in 63 

song bir ds in 63 

warrants of arrest in 63 

search warrants in . . . 63 

NIAGARA COUNTY: 

quail and partridge in 73 

ONEIDA RIVER: 

eel weii s in 57 

fish-ways across 54, 55, 56 

ONTARIO LAKE: 

fishing in, regulated 69, 70 

OSWEGO BASS 32 

OTSEGO LAKE: 

exempted from provisions of Game Law 1879 65 

supervisors of Otsego county to make special laws for ..... 66 

netting in, prohibited 66 

penalties ; 66 

OYSTERS: 

(See Shell Fish.) 

PANTHER: 

State bounty for 37 

proof of killing 38 

bounty, how paid .... 38 

PARTRIDGE: 

when may be killed, exposed for sale or had in possession 27 

nets, traps or snares prohibited 27 

nets traps or snares may be destroyed 27 

selling trapped, prohibited 27 

Canada or spruce grouse 27 

when may be sold or had in possession 27, 40 

PENAL CODE: 

using net in Hudson river, except as permitted by statute, a misde- 
meanor CI 

public sports on Sunday 61 

hunting on Sunday prohibited 61 

fishing on Sunday prohibited 61 

disposing of tainted food prohibited 62 

to kill or catch an animal or bird in a public park or cemetery pro- 
hibited 62 

penalties 62, 62 

misdemeanor, how punished 62 

non-resident taking or planting oysters 54 

dredging for oysters by steam 54 

dredging for oysters with a dredge weighing over thirty pounds ...... 54 

removing or destroying stakes 54 

PENALTIES: 

how recovered 38 

where suit to be brought 38 

costs of suit 38 

district attorney to prosecute 38 

judgments, how enforced 39 

if collect d, how distributed 39 

■to be sui d for by commissioners of fisheries 48 





82 Index. 

PAGE. 

PIKE-PERCH 32 

PRAIRIE CHICKEN: 

when may be killed, exposed for sale or had in possession 27 

nets, traps or snares prohibited 27 

nets, traps or snares may be destroyed , 27 

selling trapped prohibited 27 

when may be sold or had in possession 40 

PROTECTORS. FISH AND GAME: 

names of 4 

number of 43 

duty of 43, 44 

terms of office of 44 

vacancies 44 

to receive one-half of fines and penalties recovered 41, 42, 43, 44 

to make certificate of destruction of nets 45 

may an est without warrant 45 

salary and expenses of 45 

to report to comptroller annually 4.") 

to report to fish commissioners monthly 46 

to be reported to the governor for dereliction or neglect of duty 46 

removal of 46 

PRIVATE PARKS: 

sign-boards to be erected 28, 36 

notice not to trespass may be served 28, 36 

penalty for injuring sign-boards 28, 36 

game in 36 

trespassing prohibited 28, 36, 37 

hunting and fishing in, prohibited 37 

boards of supervisors cannot legislate for 37 

poisoning lish in 37 

poisoning game in 37 

malicious mischief in 37 

dogs in 37 

PRIVATE STREAMS: 

fishing in. prohibited 28 

notice of privacy of stream to be given :2 s 

sign-boards to be erected 28 

no! ice do1 to trespass may be served 28 

I it Mia It v for injuring sign-boards 28 

defined ' 29 

QUAIL : 

w hen may be killed, exposed for sale or had in possession 26 

in .Montgomery county 26 

in Alliaii\ county 26 

in Schenectady 26 

in Saratoga county 26 

nets, traps or snares prohibited. 26 

net*, traps or snares may be destroyed 26 

selling trapped, prohibited 26 

w i n may he sold or had in possession 26, 40 

QUEENS COUNTY: 

deer in 23, 24 

relating to game in 71, 72 

RABBIT : 

when may be killed, exposed for sale or had in possession 26 

orchard and nursery owners excepted 26 

when may be sold or had in possession 40 

REPEAT. OF LA WS 42 



Index. 83 
rewards : page. 

how divided 39, 41, 42, 43, 44 

RICHMOND COUNTY: 

protection of game in 71 

ROBBINS ISLAND: 

quail upon . 74 

SAUGERTIES: 

town of, fishing in, regulated 67 

ST. LAWRENCE COUNTY: 

not lawful to pursue wild deer with dogs in 23 

ST. LAWRENCE RIVER, ANGLERS' ASSOCIATION OF. 
(See Anglers' Association.) 

SALMON : 

how to be caught 28, 29 

in Lake Ontario 29 

in Niagara river 29 

when to be caught 29, 30 

not to be caught for re-stocking 30 

State excepted 30 

private hatcheries excepted 30 

fish-ways for ingress of, into Cayuga lake 55 

into Lake Ontario 55 

catching within ten rods of fish-ways prohibited 55 

penalty for 55 

SALMON TROUT 31 

SEARCH WARRANTS: 42 

in New York city , . . 63 

SHAD: 

when may be caught .... . . .' 48 

penalty for illegal catching 48 

to be propagated by fish commissioners 48 

SHELL FISH: 

dredging for clams, oysters and shell fish 50 

planting oysters in town of Hempstead 50 

societies for planting, etc. , oysters 51 

lobsters.... x . 51 

size of 51 

penalty 51 

taking of, regulated south of Staten Island 52 

Staten Island, waters of 52 

oysters to be sold by count or measure 52 

dimensions of measure 52 

Gardner's and Peconic bay, cultivation in 52 

New York city laws 53 

Harlem river 53 

non-residents taking or planting oysters guilty of a misdemeanor 54 

in the Hudson river 50 

Jamaica bay 51 

towns of Hempstead and Jamaica 51 

Queens county 50 

towns of Islip and Huntington 51 

in Richmond county 51 

unlawful taking of 51 

South bay 51 

Great South Bay 51 

dredging for oysters by steam prohibited 51 

dredging with dredge weighing over thirty pounds prohibited 54 

to steal oysters a misdemeanor 54 



84 Index. 

SHELL FISH- (Continued) : pagk. 

stakes marking out or designating oyster beds not to be moved, pulled 

up or destroyed 54 

natural oyster beds protected 52 

oyster protector appointed 53 

SHERIFF: 

duties of 40 

penalties for failure to act 40 

powers ot w > *£ 

compensation of 43 

SOCIETIES: 

may be incorporated for bunting . - 59 

for fisbing 59 

for lawful sporting purposes °9 

for improvement of poultry 59, 60 

small birds 59, 60 

domestic auimals 59, 60 

fish culture 59, 60 

SONG BIRDS. 

(See Birds, song and small.) 
SPRING GUN: 

peualty . *«» *5 

SPRUCE GROUSE. 

(See Canada Partridge. ) 
SQUIRREL, BLACK: 

wben may be killed, exposed for sale or bad in possession 26, 40 

SQUIRREL, GREY: 

wben may be killed, exposed for sale or bad in possession 26, 40 

STATE FISHERIES. 

(See Commissioners of Fisheries and Fish-ways.) 

STATE LANDS OR WATERS: 

not to be leased 28 

STRIPED BASS 32 

SUFFOLK COUNTY: 

deer iu 23, 24 

relating to game in . . 71, 72 

SUNDAY: 

shooting, trapping, hunting or caging birds or beasts prohibited 38 

having in possession implements for same prohibited 38 

fishing 61 

SUPERVISORS, BOARDS OF: 

no authority over lands and waters wholly private 40 

to authorize election of game constables in towns 41 

in Kings county 41 

to audit and allow costs of suit 42 

to raise tax 40 

may employ special detectives 39 

may pay awards 39 

may make laws for the protection of game 40, 60, 61 

may probibit hunting and fishing in counties 40 

laws to be published 40 

certified copy of game to be filed in clerk's office 40 

SYNOPSIS, GENERAL 17 

TAX: 

may be raised 39, 40 

supervisors to raise tax 39, 40 



Index. 85 

PAGE. 

TONA WANDA CREEK 33 

TRESPASSING: 

prohibited 28 

notice not to trespass 28 

sign boards to be erected 28, 36 

notice not to trespass may be served 28, 36 

penalty for injuring sign boards 28, 36 

TRAPS: 

for wild deer prohibited 23 

penalty 23, 24 

TROUT: 

when and how may be transported 31 

how to be caught 28, 29, 30 

speckled 28. 29, 30 

brook 28, 29, 30 

salmon 28, 29, 30 

when to be caught 28, 29, 30 

in Adirondacks 29, 30 

Lake Ontario excepted 29, 30 

California trout 30, 43 

Niagara river excepted 29, 30 

not to be caught for restocking 30 

State excepted : 30 

hatcheries excepted 30 

salmon trout in the inland lakes 31 

lake trout 31 

VENISON: 

may be sold, transported or had in possession, when 23, 40 

WARRANTS: 

courts to issue 42 

how issued k 42 

when issued 42 

for non-res ; dents 42 

search warrants Pr 42 

game protector may arrest without warrant . . 42 

in New York city .... 63 

WATER: 

shutting or drawing off, prohibited 33 

polluting of, prohibited 34 

WOLVES: 

State bounty for 37 

proof of killing 38 

bounty, how paid 38 

WOODCOCK: 

when may be killed, sold or had in possession 26 

in Oneida county 26 

in Delaware county 26 

when may be sold or had in possession 40 



FLY-FISHING FOR BLACK BASS. 



By Dr. James A. Hexshall, 

Author of " Book of the Black Bass." 



The literature of black bass fishing may truly be said to 
have been evolved during the past decade. Previous to 
this period very little mention was made of the two species 
of black bass by our angling authors, and that little was 
misleading, incorrect or glaringly false in most instances, 
and related, almost without exception, to bait fishing. Fly- 
fishing for black bass, although then practiced by a few 
anglers, was apparently unknown to writers on angling. 
Indeed, it was denied by many, and doubted by most an- 
glers, that the black bass would rise to the artificial fly, but 
this, in my opinion, was due more to prejudice than to the 
result of actual experience, and viewed in the light of our 
present knowledge of the subject, this opinion is certainly 
strengthened, if nol confirmed. 

Up to that time the brook trout was deservedly the pride 
and idol of the fly-fisher, and it was deemed heresy to casl 
the fly for any other fish, with the exception of the salmon. 
Bui while yie ding to none in. my love and admiration for 
the brook trout, it is a pleasure for me to state that, in my 
opinion i based on a large experience), there are no waters 
inhabited by the black fass, large or small mouth, where 
he will not rise to the artificial fly at some season of the 
year, subject to certain states and conditions, of the 
water, etc., and this is as much as can be said for 
the brook trout, as all unprejudiced trout fishers must 
admit. It is true that the black bass rises to the fly 
more freely and uniformly in some waters than in others, 
but this fact holds good also as to the brook trout. 
And likewise is it a truism, that the largest fish, trout 
or bass, do not. as a rule, take the artificial fly. Those wdio 
wish to lure the finny jumbos must perforce use bait or 
the trolling spoon. This is a damaging admission to our 
piscatorial pride, but candor compels us to acknowledge 
the correctness of it, though we may find some guilty con- 
solation or quasi-satisf action in exhibiting the huge piscine 
trophies to our admiring and credulous friends with the 
usual remark : " Caught on the fly ! " 

Seriously, it is entirely unnecessary, at this late day, to 
argue that the black bass will or will not rise to the artificial 
fly. The fact is now known to many anglers, and conceded 



Fly-Fishing for Black Bass. 87 

by others, that the black bass is a game fish of high degree, 
and when of equal weight is the peer of the brook trout or 
salmon in fighting qualities, when proper tackle is employed, 
and will rise to the fly under the same favorable conditions. 
Therefore, without wasting more words in this connection, 
it will be better to proceed at once to the practical consid- 
eration of fly-fishing for black bass, with a passing notice as 
to some desirable features in rods, leaders and flies. 

Fly-Rods. 

In fly-fishing for black bass (I allude to both the large 
and small mouth indiscriminately, for I hold them of equal 
gameness — all things being equal), it is very essential to 
our success to use suitable and proper tackle, and first in 
importance comes the fly-rod. This should be ten feet and 
nine inches in length and eight ounces in weight, with a 
somewhat stiffer back than a trout fly-rod of the same 
length and weight. The rod may vary a little in its dimen- 
sions from this standard ; it may be slightly longer or 
shorter, or a little lighter or heavier to suit particular tastes 
or waters ; but in no case should it vary more than six 
inches in length or one ounce in weight in either direction. 

Of course, a trout rod of about these dimensions will 
answer very well for black bass fishing, but as the flies to be 
used are usually larger than trout flies, and as the bass is 
generally a much heavier fish than the brook trout, the rod 
will require a little more "back-bone" than is usually 
found in trout rods. At the same time it must be almost 
as pliant or flexible, but more resilient, and these condi- 
tions are attained by a stiff back; i. e., the lower third of 
the rod. And to obtain the necessary spring, snap or resil- 
iency required in a black bass fly-rod, much consideration 
must be given to the material of which it is to be con- 
structed. 

In my opinion there is no material that combines so many 
good and essential qualities as split bamboo. It is strong, 
flexible, light, and the most resilient material used in rod 
making, approaching steel more nearly in this character- 
istic than any other wood. Ash, lancewood, greenheart, 
bethabara and some other woods, when carefully selected, 
make excellent rods, if properly constructed, but the best 
are inferior to a good split bamboo rod. 

Reel Lines. 

The best line by all odds is the enamelled, plaited silk 
fly-line, tapered or not, the former being better adapted for 
long casting. These lines are now so well and favorably 



88 



Fly-Fishing for Black Bass. 



known that they require merely a passing mention. The 
two smallest sizes F. and G. should be selected. 



Leaders. 



The leader should be five or six feet long and formed of 
the best single silkworm gut that can be obtained. The 
gut lengths should be carefully selected, and be entirely 
free from all flaws or imperfections. None but clear, round, 
strong and sound lengths should be put into a leader for 
black bass fishing, and then only after testing their strength 
up to a strain of at least two pounds dead weight. The 
caliber of the gut should not be much greater, if any, than 
that used for trout fishing. The leader should taper, some- 
what, from the reel end to the fly end. The lengths may 
be tied by the old-fashioned water-knots; but the best knot, 
and the one now most generally used, has no name that I 
am aware of. It is simply a kl half-hitch,' ' except that it is 
tied in a double, instead of a single cord. The ends of the 
two gut lengths to be tied (having been previously softened 
by soaking in warm water) are passed by each other, or 
lapped about two inches thus : 



Fig. 1. 



The knot is then formed in the doubled portion thus 




Fig. 2. 



It is then drawn tight and hard, and the ends clipped off 
short. This is the neatest and best knot known for joining 
gut lengths. 



Fly-Fishing fok Black Bass. 



89 



But as leaders are now mostly and preferably made with 
loops for attaching flies, the required loop is easily formed 
while tying this knot in this way : The ends of the gut 
lengths are lapped as in fig. 1, except that one end is longer 
than its fellow and is doubled back on itself, so as to pre- 
sent three cords for tying, thus : 



Fig. 3. ; 



The knot is then tied as in fig. 2, except^that it^has a 
treble cord instead of a double one, and instead of a free 
end on each side of the knot, it has a free end on one side 
and a loop on the other, thus : 




Fig. i. 



The knot is then drawn home, thus, 




Fig. 5. 



and the free end snipped off. This is a very simple knot to 

tie, but the modus operandi is not so easy of explanation. 

If it is desirable to lave a longer loop. or. rather, a loop 



90 Fly- Fishing for Black Bass. 

and snell combined for attaching the dropper fly, the 
doubled portion in the knot just described is palled through 
in tying, and a loop made in the end of it, the other end 
being clipped off short at the knot. The loops in both 
knots should, of course, point toward the small or fly end 
of the leader. . 

Leaders may be of clear or of stained gut; those of a 
smoky or bluish tint, or mist-colored, are thought by many 
to be the best, as not so easily seen by the fish, but I have 
not found that it makes any difference, practically, whether 
the leader is stained or otherwise. As the staining cer- 
tainly does not add to its strength, and may possibly 
weaken it, I prefer the unstained gut. There should always 
be a loop at each end of the leader, one for attaching the 
dropper fly, the other for fastening the reel line. When 
fishing, leaders should be carried in a round tin box, simi- 
lar to a blacking box, between layers of damp felt or thick 
cloth; they are then always in condition for use. 

Flies. 

There are flies and flies. Nearly every angler has his 
favorite, both in general and special Hies. Very often the 
preference is purely fanciful, but it is a pardonable weak- 
ness to which we are all nioiv or less prone; and then it 
cannol do much harm, for I believe that, in most instances, 
we are more choice in the matter than the fish themselves. 
The facts are, that, when fish .-ire rising freely, almost any 
fly will kill; but when they are shy and diffident, it is only 
flies of certain colors, or combinations of colors, and skill- 
fully cast, thai seem to induce a rise. Perhaps, after all, 
it is the manner of offering, rather than its peculiar features, 
that renders a particular fly more killing than others at cer- 
tain times. Quien sabi .' 

But that there are some lli.>s thai are more generally and 
uniformly killing, day in and day out, on various waters, 
is a fact proved by practical experience, and gener; lly ad- 
mitted by fly fishers. Among these are notably the "coach- 
man," "grizzly king," "professor," "red ibis," and the 
several hackles or palmers. These were all originally trout 
flies, but they answer as good a purpose for the black bass 
when made of the proper size, which is about twice as large 
as the ordinary trout fly. 

As a father naturally thinks his own children the best, 
smartest and handsomest, I may be pardoned for adding to 
the above list — and strongly recommending as general flies 
— my "polka," "oriole," "Oconomowoc" and " Henshall," 
leaving to others the praise or condemnation due them. 
There are other flies of as much, or maybe greater merit, in 



Fly -Fishing for Black Bass. 91 

certain waters, of which I will mention "Lord Baltimore," 
"Ferguson," "Seth Green," "Academy," "Montreal," etc., 
etc. These several flies are general favorites, and in my 
own hands have all proved very killing. I merely mention 
them, to the exclusion of others, as a general guide, for 
each angler will soon adopt a few flies for his own fishing, 
none of which may have been mentioned above, but he will 
nevertheless continue to use them, and swear by them on 
all occasions; and this is one of the glorious privileges of 
the art of angling. 

Black bass flies should be tied on Sproat or O' Shaugh- 
nessy hooks, numbers 2 to 5, according to the size of the 
flsh. They should be tied with a small loop of gut or gimp 
at the head, instead of a snell, by which they can be readily 
affixed to the loops of the leader, either directly, as for 
stretcher, or by the interposition of a looped snell, as for 
droppers. But two flies should be used in the casts, and 
often a single fly is better than more. 

Practical Hints. 

In fly-fishing for black bass, the angler must know the 
waters to be fished, or be possessed of that knowledge of 
the haunts and habits of the bass that is born only of much 
experience. He must know when and where the fish are to 
be found at the different seasons of the year; when they 
frequent deep, and when shallow, water, for it is love's 
labor lost to cast the fly in deep, still reaches of water. In 
stream fishing, which is by far more preferable and enjoya- 
ble than lake or pond fishing, it is only when the bass are 
in the shallows or on the riffles that the fly-fisher will fill his 
creel, and on lakes when they frequent reefs, shoals, bars 
and the neighborhood of rushes and weed patches. These 
times are usually in the spring or early summer and in 
autumn, for in mid-summer the bass retire to deep water, 
except in large, deep and cool lakes, when this season is 
often the best, as the water has then become of the right 
temperature to induce the fish to seek shallow feeding 
grounds. 

The habits of the brook trout have been carefully studied 
by many generations of fly-fishers and naturalists, conse- 
quently the trout fisher knows that during the summer 
months he will certainly find his quarry in the shallow 
streams, slowly but surely ascending toward their spawning 
grounds. He also knows that the big trout has a local habi- 
tation under some root or rock or shelving bank, which he 
holds by right of possession, and defends as bravely as ever 
knight of old his feudal stronghold. He knows, further- 
more, that he would be considered daft to whip the deepest 



92 Fly-Fishing foe Black Bass. 

pools of exposed water, or the mid-surface of deep lakes or 
ponds. So when the bass-fisher knows the habits of the 
bass as well, there will be less speculation as to whether or 
not he will rise to the fly. 

The stream should always be waded, if practicable, and 
fished with the current, for it follows that wherever the 
angler can wade, the water is about right in depth for fly- 
fishing. He should cast about him in a semi-circle, he being 
at the center and his casts being the radii, like the sparks 
of a wheel; then, lengthening his cast, he can describe the 
arc of a larger circle and so cover all the water within reach, 
giving preference, of course, to the likeliest spots, as the 
eddies of boulders or half- submerged rocks, near logs, drift- 
wood, shoals, bars and under overhanging bushes and shelv- 
ing banks, and over shallow pools above and below rapids 
and riffles. 

After casting, the flies should be roved, skittered or 
danced over the surface by jerky or tremulous movements, 
to imitate, as nearly as may be, a living fly, and then be 
allowed to sink several inches below the surface and float 
away like a drowned insect to the extreme length of the 
line. 

On lakes, where there is no current, the flies should also 
be permitted to sink over likely spots at almost every cast. 
Lakes or deep ponds should be fished from a boat, keeping 
in th° deeper water and casting inshore on the bars, shoals, 
reefs or ledges, or along the edges of rushes or weed patches. 
Sometimes rushes or tall weeds grow in pretty deep water, 
but nevertheless the bass will usually be found near or 
among them, and sometimes near or under floating logs or 
drift; it is well to try all such places. 

It will be found that bass rise to the fly more freely when 
the water is stirred or ruffled by a brisk breeze, and during 
the early morning hours and late in the evening; about sun- 
set, or a little after, being the very best time on bright days. 
On cloudy days there is not much choice, as one hour is no 
more favorable than another, sunny days being always the 
best. 

The old rule of light-colored flies for dark days and 
toward evening, and dark flies for bright days, is a safe one 
to follow, the exceptions rather tending to prove the rule, 
which usually happen when the fish are well on the feed 
and will take almost any fly offered; thus it is frequently 
the case that dark flies will kill in the dusk of evening as 
well as the k ' miller" or " coachman. " 

It only remains now to say to the reader, cast as skillfully 
as you can, but always deliberately and carefully. Always 
keep a taut line; strike quickly upon sight <>r touch, and 



Fly-Fishing fok Black Bass. 93 

here is where the "backbone" of your rod will aid you; 
play and land your fish in your own way, but get him in 
the creel as quickly as you can with safety to your tackle; 
kill your fish outright before putting him in your basket; 
do not fish for count; keep your temper; and, above all 
things, remember first, last and all the time the most im- 
portant rule in fly-fishing — keep out of sight of the fish if 
you would have him notice your flies. And now "good 
night" and "good luck." 



CONCERNING BLACK BASS. 



Mr. President, and Gentlemen of the Anglers' Associa- 
tion of the St. Lawrence River — While your worthy cor- 
responding secretary could have asked many anglers far 
more competent to " prepare a paper in regard to the habits 
of the black bass, the various means of catching them by 
angling, the baits used, and the places where they are to be 
found at different seasons of the year,' 1 he could not have 
asked one who is a greater admirer of the. good and game 
qualities of this fish, which is destined to stand in the not 
far away future, if it does not already, at the head of the 
list of game fishes that are to be found in the greater area 
of the waters of our State. Long may the glorious salve- 
linus fontinalis be spared to us by the exertions of an- 
glers' associations like your own, to enforce just laws, and 
a liberal Slate government to provide the fry by artificial 
means. But the black bass has even now, in many sec 
tions. invaded the haunts of this patrician beauty, and he 
is energetically and constantly seeking new fields. He is 
the embodiment of independence, and wherever he finds a 
home he locates to stay, provided the murderous netter, 
and the worse spawning-bed thief, leaves him unmolested, 
for he fears no fish that swims, and is the only one of our 
so-called game fish that guards and cares for its young. 
In this year of grace, 1884, the black l>a>s is pre-eminently 
the game fish of the people. The trout streams— greatly 
diminished in volume — still run or trickle through the farm 
lands of our sires or grandsires, but the trout rook their de- 
parture soon after the "wood lot" was cleared, or remain 
only in story. Trout and progress are, in a measure, in- 
compatible. Naturally secluded in their habits, the con- 
stant hacking of the lumberman's axe, and the screech of 
the locomotive whistle, jar upon their sensitive nerves, and 
they retreat before civilization, and the modern savage — he 
of the net and spear — and are now only found, or mostly 
found, in places that are inaccessible to the mass of the 
people, either by reason of the distance to the favored loca- 
tion, or the expense necessary lor comfortable sojourn in 
these remote haunts, or lack of knowledge of the compara- 
tively few profitable fishing waters, or want of time lor an 
extended journey, or all combined. The black bass, on the 
contrary, fears only the net and spear, for he is progressive 
himself, and the steamers and sailing craft on our lakes and 
rivers are his familiars, and, he is on good terms with the 



Concerning Black Bass. 95 

mule-propelled vessels in the great ditches, yclept canals. 
He is a thorough Yankee and proud of every acre of this 
great "land of freedom" that gave him birth, and he is a 
game fish, whether found in the great lakes and rivers or 
small ponds and streams, for he is equally at home in the 
still waters of one and the rapid current of the other. The 
latter, however, heightens his game qualities, so that therein 
he is seen at his very best. But a species of fish that pro- 
duces young in still water that will, when two and one- 
quarter inches long, impale themselves on the hooks of a 
trolling spoon in their efforts to swallow it, requires very 
little heightening of game qualities. I have thus far spoken 
of the black bass without other distinguishing descriptions, 
but as there are two species of this dusky fish, it may be 
well to separate them. I trust the veteran anglers of this 
association will bear with me while I briefly note a few of 
the marked differences between the small mouthed black 
bass — the Micropterus dolomieu — and the large-mouthed 
black bass — the Micropterus salmoides — the adjective in 
each case fitly describes the mouth. In the former the max- 
illary bone or mouth does not extend back to a vertical line 
drawn through the posterior part of the eye, while in the 
latter it reaches to and passes such a vertical line. The 
small mouth has also smaller scales, there being eleven rows 
of scales between the lateral line and the dorsal fin, while 
the large mouth has but eight rows of scales between the 
same points. The former again has seventy-five to eighty 
scales along the median line, and the latter sixty-five to 
seventy. The scales of the small mouth are much smaller 
on the opercle, breast and back of neck than on the sides 
of the fish, and on the cheeks they are minute. The scales 
of the large mouth are little, if any, smaller on the breast, 
back of neck and gill covers than on the sides of the body. 
The notch between the spinus and soft rayed dorsal is 
deeper in the large mouth than in the small mouth. As to 
the game qualities of the two species there is a difference 
of opinion. Some anglers hold that pound for pound there 
is no difference in their activity when on the hook. Others 
contend that the large mouth is not for a moment to be 
compared to the small mouth as a game fish. Of those 
who hold the latter view are two learned members of the 
medical profession, well known as angling writers, each 
having an experience with rod and line of more than half a 
century. One says, in a personal letter: "The big mouth 
smells and tastes of the muck, and we do not fish for 
them." The otherwrites : "I do not bother with the big 
mouth, for they will not fight. When hooked they give a 
flirt, open their mouths and come in like a log of wood." 



96 Concerning Black Bass. 

The author of "The Book of the Black Bass" champions 
the cause of the big mouth, and considers him the peer of 
the small month. Some years ago a prominent fish cultur- 
ist, in writing me about the black bass of certain waters; 
said it was barely possible that they were a cross between 
the large and the small mouth, but I have never been able 
to gather any evidence that the two fish would cross; on 
the contrary, there is every reason to believe they will 
not, even when the two varieties are confined in circum- 
scribed waters. The record of the experiments in black 
bass propagation by Major Isaac Arnold, Jr., U. S. army, 
is very interesting, and I quote the following from it: "The 
black bass — both species confined together in a small pond 
—hatched out by the thousand, and I think there will be 
more in a few days. The young fish are all healthy, but 
they eat each other. Yesterday my foreman, in less than 
fifteen minutes, saw nine of the young fry swallowed by 
fish of apparently the same size. The large mouths seem 
to do the greater part of this work. Each day the number 
of this year's fry grows less, as the strong ones destroy the 
weaker. The first hatchings are now nearly three-quarters 
of an inch in length, and can probably protect themselves." 
From the dates given, I judge that the small fish referred 
to were about three weeks old. The large mouth thrives in 
waters with mud hot loin, wherein are rushes, reeds and 
flags; but the small mouth delights in clear, cold water, 
with a bottom of rocks, gravel and clean sand, or resorts, 
during the heat of August, to the long, fine grass in deep 
water. The large mouth, if surrounded, by as favorable 
conditions as to habitat as the small mouth, might be a 
moie vigorous fighter than he is by many supposed to be, 
but I shall hereafter speak only of the small mouth. In 
coloring, the black bass varies from a pale green to almost 
black, growing lighter from the dark back to the dusky 
white belly, and they are spotted, wiottled and barred trans- 
versely or longitudinally. 1 have also seen them when they 
appeared almost white in the sun as they leaped from the 
water. Color, however, is a very fallacious guide. If a 
number of black bass of various colors, or shades of color, 
are confined together alive, they will all become, in a short 
time, of the same hue, and the color will belike that of 
their surroundings. This change takes place evidently at 
the will of fish, and it is part of a wise provision of nature 
that enables them to thus cloak themselves by assuming a 
hue in harmony with their abode for the time being. They 
spawn in running water earlier than in the still waters of a 
lake. In rivers they generally spawn in May or early in 
June; but in lakes or ponds they are on or near their nests 



CoisrcERisrijNrG Black Bass. 97 

with their young far into July; and last season I saw them 
with their fry early in August, and heard of them on their 
beds as late as the twenty-first of the same month; but last 
season they were, for some unknown reason, unusually dila- 
tory in attending to their domestic duties. The spawn of 
the black bass is surrounded by a gelatinous fluid that 
causes it to adhere to the stones or gravel of the spawning 
beds in ribbon-like strings; and for this reason the bass 
cannot be spawned with profit artificially, and there is no 
necessity for attempting it. They only require to be left 
unmolested at the breeding season to thrive and multiply. 
At this season they refuse all food, but they keep theL' 
beds swept and dusted, and quickly remove any foreign 
substance that may fall upon them. The pot fisher avails 
himself of- his knowledge of their cleanly habits and drops 
a bare hook or hooks into the nest; at once the bass takes 
it into its mouth to carry it from the bed and is ruthlessly 
snatched out of the water. It is this nefarious practice 
that does more to destroy our black bass than any other 
means used by those who have no fear before their eyes of 
the law or an hereafter. Thousands of fish are destroyed, 
while a few mature bass, unfit for food, are thus cruelly 
killed. I have always to curb my pen when writing of this 
vile murder and those who do it. A fish that affords such 
grand sport will be allowed by all honorable men a bare 
month, or such a matter of time, in which 10 produce their 
young in peace. The spawning of a pair of black bass ex- 
tends over two or three days, and the parent fish remain 
with their young until they are ten days or two weeks old, 
and the fry prey upon each other until they are two or three 
weeks old. Their cannibalistic proc ivities cease when they 
have gained a little discretion, but rhlir pugnacious qualities 
grow with their growth. A black bass will vanquish a pike 
of a much larger size than himself by swimming swiftly un- 
der the enemy and cutting him across the belly with a rigidly 
erect dorsal fin. The black bass grows rapidly under favora- 
ble conditions of water and food, and reaches maturity at 
three years of age. Only a few years ago a black bass of 
six pounds was considered to have attained the maximum 
weight, but more recently small-mouthed bass have been 
caught of eight pounds in weight for a single fish. Paren- 
thetically, let me say, that we have it on good authority, 
that the big mouth has been taken in Florida waters weigh- 
ing eighteen pounds. The larger fish — small mouth — are 
so extremely i'at, however, that they do not display the ac- 
tivity of a two and one-half or three-pound fish. These 
weights are, as a general thing, the size of fish that gives 
the angler the most sport when on the rod. Judging from 
7 



98 Concerning Black Bass. 

personal experience, the largest bass are caught at an early 
hour in the morning — the earlier the hour, if it be day-light, 
the better the fishing or catching. When the black bass 
have spawned in the shallows of a river, they move seem- 
ingly in a body to swift water on the foot of a fall, if such 
there be, and are there caught in numbers in the down pour 
or boil of the rapids. After a few days in this very rough 
water, which, perhaps, reinvigorates them, after the ex- 
haustion attendant upon spawning, they fall back and dis- 
perse, to be found just at the foot of the rapids, behind 
some boulder in mid-stream that forms a little eddy, and 
along the shores, just in the edge of deep water. When 
the season advances and the. water becomes warmer, they 
rest in the deep pools and eddies, and with the approach of 
winter they retire to broken rocks or submerged logs in 
deep, still water, there to become torpid and hibernate, 
until released by the warm sun of spring. After severe 
cold weather in the fall, a few days of warm sun will 
awaken them so that they will take the hook, if it is let 
down upon their winter quarters. During the fishing sea- 
son they lie in wait for small fish just off the rocky shores 
or sand points, where the water deepens rapidly, or near a 
weedy shoal that harbors bait fish. They make a rush into 
the shoal shore water or weeds, and grasp their prey and 
return to deep water, only to repeat the operation as often 
as hunger demands. 

Rocky shoals in mid-water are also favorite places for 
black bass in June and early -July, and there they may be 
found nearly the whole day, as the water is comparatively 
shallow. These are the places and this is the time for fly 
fishing in lakes and deep rivers. Nevertheless, the bass 
will come on to the shoals to get food at morning and evening 
during the entile summer, so that a little fly fishing may be 
had at feeding time, although one must be prepared formany 
disappointments. In September and October, the bass are 
moving about in an aimless sort of fashion, and may be on 
the shoals, shores, off the sand points, or in deep water, or 
in all of these places. This is the time to catch the largest 
fish, and they are in prime condition. Let one catch a black 
bass in a clear, cold lake, and he thinks it about the most 
vigorous fish to be found in fresh water, but when he catches 
one of the same fish in the current of a rapid river, lie dis- 
covers his mistake, for river bass afford the finer sport. 
This is owing, in a measure, to the fact that the swift water, 
sunken boulders, and possible snags, add to the chances of 
the bass to escape. Therefore, the angler's satisfaction is 
greater if he succeeds in saving his fish after a closely con- 
tested fight in which the chances are nearly equal. A 
pound bass may afford more pleasure in the catching than 



CoNCERisriisrG Black Bass. 99 

one of twice the weight. To quote my own words, used 
when writing of the black bass on another occasion: "It 
is the play that the fish affords that warms the cockles of 
an angler's heart, not the fish itself ; and as one looks back 
over other days, it is the gamey, hard-fighting fish that rise 
up in one's memory like mile stones along a pathway. 
Greater fish there may be between, but they live only as so 
many pounds and ounces, and occasion no thrill, no tremor 
of the muscles, no increased beating of the heart, no partic- 
ular joy or exhilaration at the retrospect, except that they 
may have beaten some other fellow's fish. If the mere 
pounds and ounces live, there can be no thrill of pleasure at 
the remembrance, for there never was one ; nothing but — 
pounds and ounces." I have had excellent sport catching 
black bass in the autumn when the water was covered at an 
early hour in the morning with a dense fog, and in no single 
instance has such a morning failed of good results. But 
one has to choose, I am informed by a female member of 
my family, between the danger of malaria and a good score. 
I can say that to date I have not suffered from malaria be- 
cause of exposure in fishing. 

At the season when the bass are roving, I have had splen- 
did returns from baiting certain fishing places. For instance, 
I save all cray fish that die on the hook during an after- 
noon's fishing; and just before leaving the lake or river, I 
throw them into the water at the best fishing places. The 
next morning I fish these points, and again bait them for 
evening. The baits used for bass are many, including the 
artificial fly for casting and for trolling, the trolling spoon 
or spinning bait, the minnow gang, with live minnow, and 
the artificial trolling minnow ; the live bait, including all 
small fish which are classified as minnows, and small perch, 
which are best of all, particularly for large bass ; the grass- 
hopper and cricket, live frogs, craw fish or cray fish, dob- 
sons or helgranite, in both the black and white state, and 
the common earth worm. In still fishing, a dead bait is 
useless, and the sooner it is taken from the hook, and a 
fresh, lively bait is substituted, the better. Dobsons and 
cray fish, both excellent bait when native to bass waters, 
are indifferent or worthless in waters where the bass are not 
accustomed to feeding on them. In two large lakes in this 
State is good bass fishing. In one, the grasshopper is a 
prime bait, and the cricket is of second importance ; and in 
the other, the reverse is the case. Around the first lake, 
hoppers are more plentiful than crickets ; and around the 
second, crickets are more plentiful than the hoppers. I 
think the greatest pleasure is derived from casting the arti- 
ficial fly, and perhaps the next best mode is casting the 
minnow. Trolling or still fishing is much, if not most gen- 



100 Concerning Black Bass. 

erally, practiced. In trolling with artihcal flies, two, three 
or four flies of a large, gaudy pattern, are used on a single 
leader that terminates in a small fluted trolling spoon, or a 
small minnow gang, baited with a minnow. Black bass are 
very capricious, in some waters, taking a certain bait with 
avidity one day, and refusing it utterly the next. Of live 
baits, the minnow is the standard the season through, 
although at times in the autumn the cray fish or frog is 
better. In trolling with flies, it is necessary to weight the 
leader and sink the flies, when the bass are in deep water 
in August. By deep water I mean thirty or forty feet, for 
bass are rarely found in water of greater depth. The largest 
bass I ever caught in a lake where I have fished more or less 
for twenty-five years, I took on a pike gang that was trolled 
in forty feet of water, with an eight-ounce sinker, for pike. — 
E. Lucius. 

One great wrong to the bass fishing is the trolling of the 
shores of lakes and rivers for pike with gangs at a time 
when the bass are either on or leaving their beds, and are 
still about the shores with their fry. Many bass are thus 
caught, and the gang injures the fish, so that if they are 
returned to the water, bul lew can recover. The truth is, 
the bass are not often returned to the water; the fisherman 
argues that the bass will die anyway, and he may as well 
keep them. Another wrong is done in retaining small bass. 
The law says that it is unlawful to catch a black bass that 
is one-half pound or under, bul I he limit should be a pound, 
lor bass are so voracious that little ones of an ounce or two 
will bite a hook, and many of less than half a pound are 
necessarily injured in taking them from the hook, and in 
hundreds of cases there is no pretense of returning under- 
dersized bass to the water. If the limit in weight was one 
pound, there would be less excuse for ;i person to keep a two- 
ounce bass, thinkingit weighed eight ounces. Many anglers 
now refuse to basket black bass that weigh less than sixteen 
ounces. The example is good, but the trouble is that these 
gentlemen do not fish with the people who keep the finger- 
lings. The province of the Anglers' Association is to edu- 
cate the people in the way of all legitimate means of ang- 
ling, as well as to enforce existing laws that foster our game 
fish ; and a striking proof of the great good that can be done 
by an association like your own. is the letter in a recent 
impression of the Utica Observer to your president, from a 
fish dealer, suggesting co-operation in this grand work of 
reforming existing evils. The letter of the gentleman 
referred to touchss one of the great roots of the matter, 
and the accomplishment of the suggest ions therein will be 
a grand work in itself, for which the angling brotherhood 
will rise up and call you blessed. A. N. CHENEY. 



WEATHER WISDOM. 



Whether clear or cloudy, a rosy sky at sunset presages 
fine weather ; a sickly-looking greenish hue, wind and rain ; 
a dark or Indian red, rain ; a red sky in the morning, bad 
weather or much wind, perhaps rain; a grey sky in the 
morning, fine weather ; a high dawn, wind ; a low dawn, 
fair weather. A "high dawn" is when the first indications 
of daylight are seen above a bank of clouds ; a "low dawn " 
is when the day breaks on or near the horizon, the first 
streaks of light being very low down. 

Soft-looking or delicate clouds foretell fine weather, with 
moderate or light breezes ; hard-edged, oily-looking clouds, 
wind ; a dark, gloomy blue sky is windy, but a light, bright 
blue sky indicates fine weather. Generally, the softer 
clouds look, the less wind, but perhaps more rain may be 
expected; and the harder, more "greasy," rolled, mfted, or 
ragged, the stronger the coming wind will prove. Also, a 
bright yellow sky at sunset presages wind ; a pale yellow, 
wet. Therefore, by the prevalence and kind of red, yellow 
or other tints, the coming weather may be foretold very 
nearly ; indeed, if aided by instruments, almost exactly. 

Small, inky-looking clouds foretell rain ; light scud 
clouds, driving across heavy masses, show wind and rain ; 
but if alone, may indicate wind only. 

High upper clouds, crossing the sun, moon or stars in a 
direction different from that of the lower clouds, or the 
wind then felt below, foretell a change of wind toward their 
direction. 

After fine, clear weather, the first signs in the sky of a 
coming change are usually light streaks, curls, wisps, or 
mottled patches of white, distant clouds, which increase, 
and are followed by an overcasting of murky vapor, that 
grows into cloudiness. This appearance, more or less oily 
or watery, as wind or rain will prevail, is an infallible sign. 

Usually, the higher and more distant such clouds seem 
to be, the more gradual, but general, the coming change of 
weather will prove. 

Light, delicate, quiet tints or colors, with soft, undefined 
forms of clouds, indicate and accompany fine weather ; but 
unusual or gaudy hues, with hard, definitely outlined 
clouds, foretell rain, and probably strong wind. 

Misty clouds, forming or hanging on heights, show wind 
and rain coming, if they remain, increase or descend. If 
they rise or disperse, the weather will improve or become 
fine. 



102 Weather Wisdom. 

Dew is an indication of fine weather ; so is fog. Neither 
of these two formations occurs under an overcast sky, or 
when there is much wind. One sees fog occasionally rolled 
away, as it were, by wind, but seldom or never formed 
while it is blowing. 

Remarkable clearness of atmosphere near the horizon, 
distant objects, such as hills, unusually visible, or raised 
by refraction, and what is called "a good hearing day," 
may be mentioned among signs of wet, if not wind, to be 
expected. 

Much refraction is a sign of easterly wind, veering south- 
ward. 

More than usual twinkling of the stars, indistinctness or 
apparent multiplication of the moon's horns, haloes, " wind- 
dogs" and the rainbow, are more or less significant of in- 
creasing wind, if not approaching rain, with or without 
wind. Wind-dogs are fragments or pieces, as it were, of 
rainbows, sometimes called "windgalls" seen on detached 
clouds. 

Observers should be advised to mark a true east and west 
line, about the time of the equinox, by the sun at rising or 
setting, and by it give their bearings or directions of wind, 
and they should take its direction from that of the lower 
clouds, when they are not very distant, compared with that 
of vanes and smoke, in preference to any other indication. 

Much more care is required in noticing the veering, back- 
ing, shift, turn or gyration of the wind, than has usually 
been thought necessary. Very rarely has the way the wind 
went round been noticed in ordinary registers, though of 
material consequence. 

Rules for Foretelling Weather, Adapted for Use 
with Barometers. 

A Rising Barometer. 

A "rapid" rise indicates unsettled weather. 

A "gradual" rise indicates settled weather. 

A "rise" with dry air, and cold increasing in summer, 
indicates wind from northward, and, if rain has fallen, bet- 
ter weather is to be expected. 

A "rise" with moist air, and a low temperature, indicates 
wind and rain from northward. 

A "rise" with southerly wind indicates fine weather. 

A Steady Barometer 

With dry air and seasonable temperature, indicates a 
continuance of very fine weather. 



Weather Wisdom. 103 

A Falling Barometer. 

A "rapid' 1 fall indicates stormy weather. 

A "rapid" fall, with westerly wind, indicates stormy 
weather from northward. 

A "fall" with a northerly wind indicates stonu, with 
rain and hail in summer and snow in winter. 

A "fall" with increased moisture in the air, and the heat 
increasing, indicates wind and rain from southward. 

A "fall" with dry air and cold increasing, in winter, in- 
dicates snow. 

A "fall" after very calm and warm weather, indicates 
rain with squally weather. 



104 




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FISHING TACKLE OF EVERY DESCRIPTION. 

JewYort Agents for the Celebrated 'Nichols' Hexagonal Split Bamboo Roils 

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IMPORTER AND DEALER IN 



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105 
Season 1886. 

THOUSAND ISLAND HOUSE, 

ALEXANDRIA BAY, N. Y. 
» ♦ « 

This popular Hotel, during the past three years, has been classed by its pat- 
rons with the finest hotels of the great watering-places. It has been thoroughly 
refitted and renovated for the coming season. 

A general reduction in prices for the coming season, especially during the 
months of June and September. 

The Thousand Island House is situated at Alexandria Bay, directly on the 
famous and historic river St. Lawrence — its scenery is absolutely unequaled. 
It has become a well-noted fact that there is actually no other region of resort 
in America combining so many attractive elements in summer time as the 
grand archipelago called the Thousand Islands, and drawing the line still closer, 
there is no other place having so many attractions, all points considered, as the 
Thousand Island House. 

The grand and changeless St. Lawrence presents some features which are 
unique. Being tbe outflow of the great inland seas, its water is always per- 
fectly pure. It is never subject to floods, and it has been noted by observant 
visitors, that in midsummer among the islands and within a mile or so of the 
river, there is no dew at night (the fact is explained in the same manner as the 
existence of the well-known thermal belt along Niagara river). Malaria and 
hay fever unknown here. 

In fitting this house to suit the best custom of the country, especial regard 
for the comfort of families has been considered, and in its refitting, furnishing 
and all its details it will be first-class. 

C. P. CLEMES, Manager. R. H. SOUTHGATE, President. 

Terms, $17.50 to $28.00. 

rNEW YORK. 
Fifth Avenue, 26th and 27th Streets, 

MOST CENTRAL LOCATION IN THE CITY. 

EUROPEAN and AMERICA N PLANS. 

T«Mte <*' ECojtd Dirtureirs. 
Banquets, Wedding Receptions, etc. 

MITCHELL, KINZLER & SOUTHGATE, Proprietors. 



106 



Valuable Books for Sportsmen 



Fly Rods and Fly Tackle— Sug- 
gest cms as to their Manufacture and 
Use. By Henry P. Wells, author of 
"The American Salmon Fisherman." 
Illustrated. Pp. 364. Post 8vo., Il- 
luminated Cloth, §2.50. 

Mr. Wells has devoted more time 
and attention to the materials used in 
fly-fishing than any person we know 
of, and his experience is well set iorth 
in this most valuab e book. * * * 
The author is an amateur rod-maker 
who has experimented with every 
wood known to rod-manufacturers, as 
well as with some that are not known 
to them, and therefore he is an un- 
doubted authority on the subject. 
Tb is chapter and the one following 
form the most perfect treatise on rods 
extant. * * * The book is one of 
great value, and will take its place as 
a standard authority, and we cannot 
commend it too highly. — Forest and 
Stream, New York. 

Professional as well as amateur rod 
and tackle makers will find this work 
invaluable, li contains a vast amount 
of information not to be found in any 
other work on angling. — Fishing Go- 
zetU , Loudon. 

It is a book without which every 
sportsman's library is incomplete. — 
Ann rican Field, I 'Meat •>. 

The author has earned the gratitude 
of the coming generation of anglers in 
this country, whose name is legion, 
and may surely indulge the hope he 
expresses at its close, that his book 
will add some impetus to the progress 
of that physical education to In- de- 
rived from out-of-door sports. — Am* ri- 
can Angler. New York. 

The American Salmon Fisher- 
man — By Henry P. Wells, author of 
"Fly Rods and Fly Tackle." Illus- 
trated Pp. 166. 8vo., Ornamental 
Cloth, $1.00. 

The sucee-s of Mr Wells's "Fly 
Rods and Fly Tackle" i. as made his 
name familiar to thousands of Ameri- 
can anglers. "The American Salmon 
Fisherman," like the former work, is 
the fruit of the author's long experi- 



ence and thoroughly practical knowl- 
edge of this subject. The opening 
chapter tells how and where salmon 
fishing may be obtained, and contains 
a map and list of the salmon rivers in 
this country and in Canada. It is fol- 
lowed by chapters on rods, reels, the 
gaff, flies, and casting the fly. The 
text is illustrated throughout, and the 
value of Mr. Wells's instructions is 
enhanced b}' their minuteness and lu- 
cidity, which make them perfectly 
comprehensible to the merest novice. 

A Haud-Book of Canoeing. — The 
cruise of the canoe club. By W. L. 
Alden, author o ' ' The Cruise of the 
Ghost," etc. Illustrated. Pp. 166. 
16mo., Cloth, $1.00. 

The Fishing Tourist —Angler's 
Guidc-and Reference Book. By Charles 
Hallock, "Secretary of the Blooming 
Grove Park Association." Illustrated. 
Pp. -J 10. Crown 8vo, Cloth, $2.00. 

Blaikie's How to Get Strong. — 
How to Get Strong and Howto Stay 
So. By William Blaikie. Illustrated. 
Pp. 296. l6mo, Cloth, $1.00. 

Blaikie's Sound Bodies for Our 
Boys and Girls. — By William Blaikie. 
With illustrations. Pages x, 168. l6mo, 
Cloth. 40 cents. 

1 Go A-Fishing.— By William C. 
Prime. Pp. o06. Crown 8vo, Cloth, 
$2.50. 

Gibson's (ami) Life in the Woods. 
— Camp life in the wo ids; and the 
tricks of trapping and trap making. 
Containing comprehensive hints on 
camp shelter, log huts, hark shanties, 
woodland be is and bedding, boat and 
canoe building, and valuable sugges- 
tions on trapper's food, etc. By W. 
Hamilton Gibson, author of "Pastoral 
Days," etc., etc. Illustrated by the 
author. Pp. 800. 12mo, Cloth, $1.00. 

Th, abovi work* an for sale by all 
booksellers, or will be sent by Harper & 
Broth* rs, postpaid, in the United States 
and Canada,, on receipt of the price. 
Harper's New Catalogue sent by mail on 
j nceipt if Ten Cents in postage stamps' 



PnlsM by HARPER & BROTHERS, New York 



107 



GENUINE 



5PRATTS. 

V-O # o of ^ 

.PATENT 

STAMPED.. 



72 Prize Medal*. 

II The Oriffinal English DoffFoofl> | 

BEST and CHEAPEST. 



GENUINE 



UJ 




STAMPED.. 



90,000 -Do^s Consume 200 Tons Weekly, and Eat no other Food. 
NO^COOKING! NO TROUBLE ! NO MESS! 

Snratts Patent Meat Iriiie VesetaMe Doe Cate- 

WITH BEET-ROOT. 

SPRATTS PATENT LIMITED.— Purveyors by appointment to Her 
Majesty, the Queen, H. R. H. the Prince of Wales, the Westminster Kennel 
Club, the English Kennel Club, B rmingham National Societe St. Hubert, Circle 
de la Chasse, and all the principal American English and Foreign Canine 
Societies. 

Constitution Powders for Conditioning Horses. 

Warranted absolutely free from Arsenic. Antimony, Cantharides, and 
every other Poison, and are compounded of the most approved Tonic and 
Stomachic Drugs, combined with fragrant Cordial Spices, the whole acting as a 
mild alterative, and greatly aiding in the digestion and assimilation of the food. 
Price $1 per Tin of Two Pounds. 

LOCURIUM PATENT.— A new vegetable oil for ike cure of Sores, Cuts 
and wounds, Cracked Heels and Sore Backs. He U rapidly with a few applica- 
tions. In Bottles, Price 25c, 50c. and $ 1. 

l^OAL FOOD. 

This food is specially prepared to meet a want long felt by breeders of horses. 
The principle of its preparaiion consists in a thorough imitation of the milk of 
the mare, so that when mixed in the proportion indicated in the directions its 
nutrient constituents and digestive qualities are lully equal to the milk of the 
mother. Price $1.75 per Tin of Three Pounds. 

IF 1 O F2, A O- IE B I S O XT I T S - 

To Hunting men and others conditioning horses these Biscuits are invalu- 
able, as they, when aiven with the ord nary food put a horse very rapidly into 
condition. To Medical and Commercial Gentlemen, also gentlemen who visit 
much, and whose horses are kept waiting for hours, they are invaluable. Five 
pouucls of the Biscuits are equal to ten pounds of oats, and when horses have 
tk se Biscuits o. cas.onally they will be found to keep in better health, coat 
and condition than when without them. Price $8 per Bag of 100 Pounds. 

Spratts Patent Challenge Poultry Meal and Prairie Meat CfisseL 

The greatest Egg producer. The most nutritious and digestible food (heing 
thoroughly cooked) for Chicks or Laving Hens, and for getting all kinds of 
Poultry in Show condition. SAMPLES FREE. 

For Samples and Particulars, address the Sole Manufactures, 

SPRATTS PATENT (AMERICA) LIMITED, 

23©— 245 East 56th. St., New York. 

Down-town Depot, 18 South William St., New York. 



108 




Style 12. 
1118 "RELIABLE" 

Flannel Garments. 



T H e."RELIABLE." FLANNE'i. 
HUNTING SHIRT. 



MAI>K ONLY BY 



Style 67. 



BROKAW MF'G CO., 

NEWBURG-H, NT. Y. 



\*I» Retailers for tliem. 




Style S. C. 



Style 0. V. 



109 



HOTEL WINDSOR. 



Rouse's Point. N. Y. 



FIRST-CLASS IN ALL APPOINTMENTS. 



Is delightfully situated on the shore of the beautiful Lake Champlain, near 
to its northern end, and its location makes it a very desirable residence for 
parties to whom aquatic exercises and excursions are a source of pleasure, 
especially when united with charming land trips and amusements. Cham- 
plain is well known to be one of the most picturesque lakes in the country, 
located in a verdant valley, framed on the east and the west by the verdure- 
clad Green Mountains and the rugged Adirondacks. With a length, north 
and south, of 12(5 miles, and a breadth at its widest point of 15 miles, and 
dotted with numerous islands, and with steamers and sailboats plying overs its 
waters, the lake offers many temptations to summer sojourners, to whom the 
location of Rouse's Point renders it easily accessible. 

The angler will find ample use for the line and reel, it being the finest fish- 
ing grounds on the lake. 

The huntsman will find for his game-bag woodcock, snipe, plover and duck 
in abundance. 

This house can be reached from NEW YORK, SARATOGA and LAKE 
GEORGE by the Delaware and Hudson Railroad. 

Prom the THOUSAND ISLANDS and OGDENSBURG by the Ogdens- 
burg and Lake Champlain Railroad. 

From QUEBEC and MONTREAL by the Grand Trunk Railway. 

From BOSTON and EASTERN POINTS by Central Vermont Railroad. 

From the WHITE MOUNTAINS by the Portland and Ogdensburgh Rail- 
road. 

From OTTAWA by the Canada Atlantic Railroad. 

From ALBANY and Troy by the Delaware and Hudson Railroad or Cherry 
Valley Railroad. 

CHAS. :ET_ BEC^:, Prop. 

OSGOOD FOLDING CANVAS BOAT 

Invented and ""aa,^ Manufactured by N. A. OSGOOD, 

Battle Creek, Mich. 




BEST, 

SAFEST 
and Lightest. 
Impossible to tip it over by Rocking. 

Make" up four different weights, the same 
as tmr boats combined in one. Oars and 
paddle are oined, and pack in boat with-.^ 
out extra charge. This cut shows the^ 
twelve-foot boat and packing chest. ™ 

Send for Illustrated Catalogue. 




110 



TOBACCOS, 
Expressly for Sportsmen and Tonrists 

THREE KINGS, MELLOW MIXTURE, TURKISH 
and VIRGINIA. PERIQUE and VIRGINIA. 
SALMAGUNDI GRANULATED MIX- 
TURE. OLD GOLD. 
VANITY FAIR, FRAGRANT VANITY FAIR. 
The above are specially suited for tbe pipe. 



Attention is called to the following brands of 

CIGARETTES. 



STRAIGHT CUT, in Satiii Packets, 

ORIENTALS (Turkish). 
CLOTH OF GOLD (Straight Mesh,) 
SUPERLATIVE (Yellow Label.) 

THREE KINGS. OLD GOLD. 



FRAGRAJNTT VANITY FAIR. 

These well-known brands are manufactured with great care ; 
guaranteed pure. Artistic packages 

Wm. S. KIMBALL & CO., Rochester, N. Y. 

14 FIRST PRIZE MEDALS. 




LIBRARY OF CONGRESS 



002 898 565 4 



